Alekha Chandra Behera Vs State of Odisha (Orissa High Court)
The Orissa High Court considered an application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking anticipatory bail in a case involving offences under Sections 420, 294, 506 and 34 IPC and Section 4 of the PMLA Act. The petitioner relied on the fact that certain co-accused had already been granted bail. Taking note of the nature and gravity of the allegations, the High Court did not grant anticipatory bail. Instead, it permitted the petitioner to surrender before the court concerned within 21 working days and apply for regular bail. The Magistrate was directed to consider the bail application in the first hour strictly on the basis of the materials on record. If the application is rejected, the petitioner may approach the higher forum in the second hour, which shall consider and dispose of the bail application on the same day based on the materials on record, while maintaining the principle of parity, if applicable. The Court also directed that the case diary be made available on the date of surrender upon prior application and disposed of the anticipatory bail application accordingly.
FULL TEXT OF THE JUDGMENT/ORDER OF ORISSA HIGH COURT
