A bail application can be dismissed as withdrawn if the Petitioner no longer has any apprehension of arrest and wishes to withdraw the application.

Headnote:
Fact of the Case:

The Petitioner filed a bail application in connection with Paradip Model P.S. Case No.429 of 2022.
Finding of the Court:

The court noted that the Petitioner's counsel filed a memo stating that there was no apprehension of arrest and the Petitioner wished to withdraw the bail application with liberty to move the court later if necessary.
Issues: Whether the bail application should be dismissed as withdrawn.
Ratio Decidendi: The court held that since there was no apprehension of arrest and the Petitioner wished to withdraw the bail application, the application could be dismissed as withdrawn with liberty to the Petitioner to file an application if a fresh cause of action arose.
Final Decision: The court dismissed the bail application as withdrawn with liberty to the Petitioner to file an application if a fresh cause of action arose.

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.16691 of 2022

Harihar Mishra

…. Petitioner

Mr. Banshidhar Baug, Advocate

-versus-

State of Odisha

….

Opposite Party

Mr. M.K. Mohanty, A.S.C.

CORAM:

JUSTICE CHITTARANJAN DASH

Order No.

ORDER

05.01.2023

01.

1. Learned counsel for the Petitioner filed a memo in court today

stating therein that since there is no apprehension of arrest in

connection with Paradip Model P.S. Case No.429 of 2022, the

Petitioner wants to withdraw this bail application with liberty to

move this Court later, if necessary.

2. In such view of the matter, the ABLAPL is dismissed as

withdrawn with the aforesaid liberty granted to the Petitioner to file

application, if fresh cause of action arises.

( Chittaranjan Dash )

Judge

S.K. Parida