Sumit Chand v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.947 of 2022 Sumit Chand ....

Petitioner Mr. A.K.Sahoo, Advocate -versusState of Odisha ....

Opp.Party Mr.P.K.Rout, A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

01.08.2022 01.

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 Petitioner that the Petitioner has been falsely implicated in the alleged crime and the story as alleged in the F.I.R. is a concocted one and afterthought. The informant by suppressing the real fact has foisted this false case against the Petitioner. It is also submitted by the learned counsel for the Petitioner that the informant has lodged the F.I.R. without explaining the delay in lodging the F.I.R. From the materials collected during investigation by the Police, no case is made out against the Petitioner.

// 2 // 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 Petitioner. However, it is directed that in the event the Petitioner surrenders before the learned S.D.J.M., Bhubaneswar in C.T.Case No.235 of 2022 arising out of Khandagiri P.S.Case No.18 of 2022 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 injury and criminal antecedents of similar nature against the Petitioner. 6.

The ABLAPL is accordingly disposed of.

7.

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