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Orissa High CourtABLAPL/983/2022disposed off

Miku @ Pabitra Mohan Dash v. State Of Odisha

2022-02-04Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.983 of 2022 Miku @ Pabitra Mohan Dash ....

Petitioner Mr. Partha Sarathi Das, Advocate -versusState of Odisha ....

Opposite Parties Mr.T.K. Praharaj, S.C. for State

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

04.02.2022 Order No.

01.

1.

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

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

3.

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

4.

Learned counsel for the Petitioner submits that he has no criminal antecedents.

5.

Considering the nature and gravity of offences alleged against the Petitioner, I am not inclined to release the Petitioner on bail. However, this Court directs that in the event the Petitioner surrenders before the learned J.M.F.C., Polasara, in G.R. Case No.369 of 2010, arising out of Polasara P.S. Case No.133 of 2010, he shall be released on bail on such terms and conditions as the learned Magistrate may deem just and proper.

6.

It is further directed that in the event of release of the Petitioner, he shall not indulge in any offences, tamper with the

// 2 // evidence or threat to the prosecution witnesses and cooperate with the investigation.

7.

This Court further observes if the Petitioner is found to have Criminal Antecedents, this order shall not be given effect to. 8.

The ABLAPL is accordingly disposed of.

9.

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 certified copy, subject to attestation by the concerned Advocate, in the manner prescribed vide Court's Notice No.4587, dated 25th March, 2020 as modified by Court's Notice No.4798, dated 15th April, 2021 and Office Order dated 7th January, 2022. (A.K. Mohapatra) Judge U.K.Sahoo