Jagannath Digal v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.881 of 2022 Jagannath Digal ....

Petitioner Mr.D.R.Bhokta,Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

25.08.2022 02.

1.

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

2.

Heard learned counsel for the Petitioner and the learned Additional Government Advocate. 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 Petitioner that the delay in lodging FIR has not been explained by the informant. The dispute involves in the present case is civil in nature. He also submits that there is no specific allegation against the present Petitioner but he has been wrongly arrayed as accused in the present case.

5.

Considering the nature of allegations made, gravity of the

// 2 // offence and the facts of the case, I am not inclined to grant anticipatory bail to the Petitioner. However, it is directed that in the event the Petitioner surrenders before the learned. S.D.J.M., Koraput in G.R.Case No.940 of 2016 arising out of Koraput Town P.S.Case No.181 of 2016 within a period of three weeks from today and moves for bail, he shall be released on bail on such terms and conditions as would be deemed just and proper by the learned Magistrate and subject to verification of criminal antecedent of similar nature. It is further directed that the Petitioner while on bail shall cooperate with the investigation and appear before the I.O. as and when required and shall appear before the trial court on each and every date fixed. Violation of conditions shall entail cancellation of bail. 6.

Accordingly, the ABLAPL is disposed of.

7.

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