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Orissa High CourtABLAPL/133/2022disposed off

Nabin Charan Parida v. State Of Odisha

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

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.133 of 2022 Nabin Charan Parida ....

Petitioner Mr. A.S. Paul, Advocate -versusState of Odisha ....

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

Mr. A.N. Pattnayak, Advocate for the informant

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 seeking pre-arrest bail in connection with G.R. Case No.692 of 2021, arising out of Jatni P.S. Case No.653 of 2021 pending in the court of learned J.M.F.C., Jatni for commission of offence punishable under Section 420, I.P.C.

5.

It is submitted learned counsel for the petitioner that by order dated 28.01.2022, the petitioner has already refunded a sum of Rs.2,50,000/-(rupees two lakhs fifty thousand) vide a demand draft drawn in favour of the informant, namely, Sibasish Mohapatra in State Bank of India dated 31.05.2022 for Rs.2,50,000/-(rupees two lakhs fifty thousand).

// 2 // 6.

In such view of the matter, 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 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.

7.

Accordingly, the ABLAPL is disposed of.

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

Jagabandhu ( A.K. Mohapatra) Judge