Kesab Mansingh v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.1058 of 2022 Kesab Mansingh ....

Petitioner Mr. Suryakanta Dwibedi, Advocate -versusState of Odisha ....

Opposite Parties Mr. K.K.Nayak, A.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 Petitioner 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., Ranpur, in P.R. No.15 of 2016-17, arising out of 2(a) C.C. Case No.36 of 2016, 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 that if the Petitioner has Criminal Antecedents, he will not be entitled to the benefit of this order.

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