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Orissa High CourtABLAPL/104/2022disposed off

Somu @ Biprav Moharana v. State Of Odisha

2022-07-25Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.104 of 2022 Somu @ Biprav Moharana ....

Petitioners Mr. B.B. Mohanty, Advocate -versusState of Odisha ....

Opp. Party Mr. S. Patra, A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

25.07.2022 02.

1.

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

2.

Heard learned counsel for the petitioner and learned Additional Standing Counsel for the State.

3.

This is an application under Section 438, Cr.P.C. filed by the petitioner for anticipatory bail.

4.

The petitioner is seeking pre-arrest bail in connection with G.R. Case No.1622 of 2021, arising out of Chauliaganj P.S. Case No.451 of 2021 pending in the court of learned J.M.F.C.(City), Cuttack for commission of offence punishable under Sections 341/323/294/ 506/307/34, I.P.C.

5.

It is submitted by learned counsel for the petitioner that the petitioners have been falsely implicated in the present case. 6.

Considering the nature of allegation, gravity of offence and the fact of the case, I am not inclined to grant anticipatory bail to the petitioner. However, it is directed that in the event the petitioner surrender before the learned court in seisin over the matter within a

// 2 // period of three weeks from today in the aforesaid case, he shall be released on bail on such terms and conditions as would be deemed just and proper with further condition that petitioner shall not harass, torture, threaten or terrorize the informant and his/her family members in any manner whatsoever.

7.

Accordingly, the ABLAPL is disposed of.

Urgent certified copy of this order be granted on proper application.

Jagabandhu ( A.K. Mohapatra) Judge