ABLAPL/14869/2024 of CHAITANYA CHARAN SAHU Vs STATE OF ODISHA on 24 December 2024

1) Chaitanya Charan Sahu.....

Petitioners

2) Kalyani Sahu

Represented By Adv. - Bijaya Kumar Ragada

3) Sangeeta Sahu

State Of Odisha

-versus-

.....

Opposite Party

–Represented By Adv. Mr. U.C.Jena, A.S.C.

Order No.

01.

CORAM:

THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRAORDER

24.12.2024

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

2. Heard learned counsel for the Petitioners, learned Addl. Standing Counsel for the State. Perused the records.

3. This is an application under Section 482, B.N.S.S. filed by the Petitioners for anticipatory bail.

4. Considering the nature of allegation involved in the present application, this Court keeping in view the law laid down by the Hon’ble Supreme Court in the case of Arnesh Kumar vs. State of Bihar reported in AIR 2014 SC 2756 is of the view that the Arresting Officer shall explore of the possibility of following the mandatory procedure of Section 35(3)(4)(5) of B.N.S.S. before arresting the Petitioners.

5. In such view of the matter, the ABLAPL is disposed of.

Signature Not VerifiedRubi

Digitally SignedSigned by: RUBI BEHERAReason: AuthenticationLocation: High Court of Orissa, CuttackDate: 27-Dec-2024 15:28:10

( A.K. Mohapatra )

Judge