Nitai Bindhani v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 163 of 2022 Nitai Bindhani ....

Petitioner Mr.P.C.Jena,Advocate -versusState of Odisha ....

Opposite Party Ms.S.Sahoo, A.S.C.

.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

28.01.2022 1.

1.

This matter is taken up through Video Conferencing mode. 2.

Heard learned counsel for both the parties and perused the records.

3.

The bail application has been filed under Section 438 Cr.P.C. for apprehending arrest for the alleged commission of offences under Section 363/34 of the Indian Penal Code in C.T.Case No.839 of 2021 of the Court of the learned J.M.F.C., Jaleswar arising out of Raibania P.S.Case No.81 of 2021. Since the offence under Section 363 of the Indian Penal Code is bailable in nature, there is no apprehension of arrest as such. In such view of the matter, the anticipatory bail application is not maintainable. 4.

The ABLAPL is accordingly disposed of.

5.

As the restrictions due to resurgence of COVID -19 situation are continuing, learned counsel for the parties may utilize a print out of the order available in the High Court's website, at par with

// 2 // certified copy, subject to attestation by the concerned Advocate, in the manner prescribed vide Court's Notice No.4587, dated 25th March, 2020, modified by Court's Notice No.4798, dated 15th April, 2021, and Court's Office Order circulated vide Memo Nos.514 and 515 dated 7th January, 2022.

RKS ( A.K. Mohapatra ) Judge