Srimanta Kumar Sahoo vs State Of Odisha
2023 Latest Caselaw 2533 Ori

                     IN THE HIGH COURT OF ORISSA AT CUTTACK
                                    ABLAPL No.1343 of 2023

                  Srimanta Kumar Sahoo                   ....              Petitioner
                                                         Mr. Arijeet Mishra, Advocate
                                              -versus-
                  State of Odisha                        ....         Opposite Party
                                                         Mr. Debasish Biswal, A.S.C.

                           CORAM:
                           JUSTICE CHITTARANJAN DASH
                                         ORDER

Order No. 28.03.2023

03. 1. Heard learned counsel for the Petitioner and the State.

2. The Petitioner has filed this application under Section 438, Cr.P.C. seeking grant of pre-arrest bail in apprehension of his arrest in connection with Jajpur Road P.S. Case No.46 of 2023.

3. Having regard to the nature of the allegation and the offences alleged against the Petitioner including the offence under Section 494, I.P.C., it is expected that the investigating agency would resort to the provision of Section 41-A, Cr.P.C, if permissible under the law and within the ambit of the Judgment of the Apex Court in the case of Arnesh Kumar vs. State of Bihar and another, (2014) 8 SCC 273.

4. With the aforesaid observation, the Petitioner is permitted to withdraw this bail application with liberty to file, if fresh cause of action arises. The ABLAPL stands disposed of accordingly.

(Chittaranjan Dash) Judge S.K. Parida