Dr. Atal Bihari Das vs State Of Odisha ..... Opposite Party
2024 Latest Caselaw 15329 Ori

Orissa High Court

Dr. Atal Bihari Das vs State Of Odisha ..... Opposite Party on 1 October, 2024

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

                   IN THE HIGH COURT OF ORISSA AT CUTTACK

                                  ABLAPL No.10365 of 2024

            Dr. Atal Bihari Das                     .....                Petitioner
                                                            Represented By Adv. -
                                                            Mr. Santanu Kumar
                                                            Sarangi, Senior Advocate

                                           -versus-
            State Of Odisha                        .....            Opposite Party
                                                            Represented By Adv. -

                                                            Mr. M.K. Mohanty, ASC

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

                                           ORDER

01.10.2024 Order No.

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

2. Learned Additional Standing Counsel, on instruction dated 29.09.2024 from the IIC, Saheed Nagar Police Station, submitted that no such case has been registered against the Petitioner.

3. In such view of the matter, there exists no apprehension of arrest of the Petitioner.

4. Considering the submission of the learned Additional Standing Counsel appearing for the State-Opposite Party, this Court deems it proper to dispose of the bail application by directing the Arresting Officer that in the event any F.I.R. registered against the present Petitioner, the Arresting Officer

shall first explore the possibility of applying the provision of Section 35(3)(4)(5) of B.N.S.S., 2023 in terms of the judgment of the Hon'ble Supreme Court in Satender Kumar Antil -vrs.- Central Bureau of Investigation & Another, reported in 2022 LiveLaw (SC) 577.

5. With the aforesaid observation and direction, the ABLAPL is disposed of.

( A.K. Mohapatra) Judge

Debasis