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Orissa High CourtABLAPL/971/2022disposed off

Sudhansu Sekhar Mishra v. State Of Odisha

2022-08-01Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.971 of 2022 Sudhansu Sekhar Mishra ....

Petitioner Mr. S.K. Joshi, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

01.08.2022 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 is seeking pre-arrest bail in connection with G.R. Case No.1022 of 2020, arising out of Bolangir Town P.S. No.331 of 2020 pending in the court of learned S.D.J.M., Bolangir for commission of offence punishable under Sections 341/294/323/307/506/34, I.P.C.

5.

It is submitted by learned counsel for the petitioner that the injuries sustained by the injured are simple in nature and the petitioner does not have any criminal antecedents and the dispute amicably resolved and they are living peacefully in the locality. 6.

Considering the nature of allegation, gravity of offence and

// 2 // seriousness of 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 and moves for bail 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.

It is further directed that the bail granted to the petitioner is subject to the condition that learned court below shall verify whether injuries sustained by the injured are grievous in nature or simple in nature. In the event it is found that the injury is grievous in nature, this bail order shall automatically stand revoked. 8.

Accordingly, the ABLAPL is disposed of.

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

( A.K. Mohapatra) Judge Jagabandhu