Orissa High Court
Ramakanta Jena @ Bubun Jena vs State Of Odisha ….. Opposite Parties on 24 December, 2024
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.14837 of 2024
Ramakanta Jena @ Bubun Jena ..... Petitioner
Represented By Adv. -
Tushar Kanta Nayak
-versus-
State Of Odisha ..... Opposite Parties
Represented By Adv. -
Mr.Samaresh Jena, ASC
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
24.12.2024
Order No.
01. 1. This matter is taken up through Hybrid Arrangement
(Virtual/Physical Mode).
2. Heard learned counsel for the Petitioner as well as the
learned Additional Standing Counsel for the State. Perused the
records.
3. The Petitioner is apprehending arrest for the alleged
commission of offence under Sections 147, 148, 341, 302,
294, 323, 326, 307, 506/149 of the Indian Penal Code in
Delanga P.S.Case No.139 of 2014 corresponding to
G.R.Case No.440 of 2014 pending on the file of the learned
J.M.F.C., Pipili.
4. It is stated by the learned counsel for the Petitioner that
some of the co-accused persons, who had approached this
Court earlier in ABLAPL No.5303 of 2015, ABLAPL No.5304 of
2015 and ABLAPLNo.14427 of 2015 and this Court directed
Page 1 of 3.
them to surrender and move an application before the learned
court below and directed to dispose of the application on the
same day. Learned counsel for the Petitioner further
contended that the aforesaid Petitioners surrendered and
moved applications for bail and in the meantime they have
been enlarged on bail. Learned counsel for the Petitioner
submitted that the Petitioner is a student and prosecuting his
D.Pharma course. ,He also contended that so far the present
Petitioner is concerned, although he was present at the spot,
however there is no allegation of overt act on the part of the
Petitioner. He also contended that the Petitioner does not have
any criminal antecedent and that since the Petitioner belongs
to the locality, there is no chance of his absconding.
5. Learned Additional Standing Counsel on the other hand
submitted that considering the gravity and seriousness of the
allegation, as well as keeping in view the fact that the case is
of the year 2015, the Petitioner shall not be enlarged on bail at
this juncture. He expressed his apprehension that in the event
the Petitioner is released on bail, he might abscond from
justice.
6. On careful examination of the materials on record and
keeping in view the fact that some of the co-accused persons
who stand on similar footing like the Petitioner, the Petitioner
is directed to surrender before the learned J.M.F.C.,Pipili 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
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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. While considering the application for bail of the
Petitioner, learned court below shall apply the principle of
parity.
7. 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.
8. The ABLAPL is accordingly disposed of.
9. Issue urgent certified copy of this order as per Rules.
( ADITYA KUMAR MOHAPATRA)
JUDGE
RKS
Signature Not Verified Page 3 of 3.
Digitally Signed
Signed by: RAMESH KUMAR SINGH
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 26-Dec-2024 16:02:07