Naba @ Naba Kishore Naik vs State Of Odisha ..... Opposite Party
2024 Latest Caselaw 13040 Ori

Orissa High Court

Naba @ Naba Kishore Naik vs State Of Odisha ..... Opposite Party on 12 August, 2024

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                              ABLAPL No.8056 of 2024
             Naba @ Naba Kishore Naik     .....       Petitioner
                                                             Represented By Adv. -
                                                             Manas Kumar Chand

                                            -versus-
             State Of Odisha                       .....           Opposite Party
                                                             Represented By Adv. -
                                                             Samresh Jena, A.S.C.

                                     CORAM:
                       THE HON'BLE MR. JUSTICE ADITYA KUMAR
                                   MOHAPATRA

                                          ORDER

Order No.                                12.08.2024

    1.      1.    This matter is taken up through Hybrid Arrangement
            (Virtual/Physical Mode).

2. Heard learned counsel for both the parties and perused the records.

3. The Petitioner is apprehending arrest for the alleged commission of offence under Sections 489-A, 304-B of the Indian Penal Code and Section 4 of D.P. Act in G.R. Case No.905 of 1998 of the Court of the learned S.D.J.M., Bhubaneswar arising out of Lingaraj P.S. Case No.4 of 1998.

4. It is stated by the learned counsel for the petitioner that the petitioner is the brother-in-law of the deceased. He further contended that in the meantime the co-accused person, including the husband of the deceased faced trial in S.T. Case No.2/2 of 1999-99 and he has been acquitted vide judgment dated 24.11.2000. Learned counsel for

the petitioner referring to the observation of the trial court submitted that no incriminating material has come forward against the accused persons. On such ground the learned counsel for the petitioner submitted that the petitioner be released on bail and that the petitioner on takes step to cooperative an investigation an early conclusion of trial which has been spilt up. So far the present petitioner is concerned.

5. Learned counsel for the State on the other hand objected to the release of the petitioner on bail on the ground that so far the present petitioner is concerned, he had absconded and was not only not cooperating with the investigation but also did not appear before the trial court on the date fixed. As a result, the trial of the petitioner is still pending.

6. Considering the facts of the case, this Court is not inclined to grant anticipatory bail to the Petitioner.

7. However, on the submission of the learned counsel, the Petitioner is given liberty to surrender before the learned S.D.J.M., Bhubaneswar in the aforesaid case in the first hour within 21 working days hence and move for bail. On such event, the learned Magistrate shall consider his application for bail in the first hour strictly on the basis of the materials on record. In case of rejection of the bail application, the Petitioner may move for bail before the higher forum in the second hour. On such event, the higher forum shall consider and dispose of the bail application of the Petitioner on the same day strictly on the basis of the materials on record, by maintaining the principles of parity, if applicable.

8. Case Diary be made available to the concerned courts. Records

be transmitted to the higher forum at the cost of the Petitioner, if applied for.

9. The ABLAPL is accordingly disposed of.

10. Issue urgent certified copy of the order as per Rules.

( A.K Mohapatra )

Judge

Rubi

Location: High Court of Orissa, Cuttack