Prakash Chandra Mohanty v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.868 of 2022 Prakash Chandra Mohanty & others ....

Petitioners Mr. Biswaranjan Dalai, Advocate -versusState of Odisha ....

Opp.Party Mr.Sitikants Mishras, A.S.C.

Mr.Bideshi Ku.Ghadei, Advocate

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

29.07.2022 1.

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

2.

Heard learned counsel for the Petitioner and the learned Additional Standing Counsel. Perused the records. 3.

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

4.

It is submitted by the learned counsel for the Petitioners that the Petitioners have no complicity in the alleged crime and the present case has been foisted against the Petitioner due to political enmity.

5.

Considering the nature of allegations made, gravity of the offence and the fact of the case, I am not inclined to grant anticipatory bail to the Petitioners. However, it is directed that in the event the Petitioners surrender before the learned J.M.F.C., Salipur

// 2 // in G.R.Case No.412 of 2018 arising out of Nemalo P.S.Case No.44 of 2018 within a period of three weeks from today and move for bail, they shall be released on bail on such terms and conditions as would be deemed just and proper by the learned Magistrate with further condition that they shall appear before the trial court on each and every date fixed, failing which the bail order shall stand revoked and it will be open for the learned court below to proceed in accordance with law.

6.

The ABLAPL is accordingly disposed of.

7.

Issue urgent certified copy of the order as per Rules. ( A.K. Mohapatra ) Judge RKS