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Orissa High CourtABLAPL/1415/2022disposed off

Sayed Muktar Alli v. State Of Odisha

2022-08-16Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.1415 of 2022 Sayed Muktar Alli ....

Petitioner Mr. Deepak Kumar Sahoo, Advocate -versusState of Odisha ....

Opposite Party Mr. P.K. Rout, A.G.A.

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

16.08.2022 Order No.

04.

1.

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

2.

Heard learned counsel for the Petitioner and learned Counsel for the State.

3.

This is an application under Section 438, Cr.P.C. filed by the Petitioner for anticipatory bail, involving offence punishable under Sections 419/420/468/471/392/365/120-B, I.P.C. 4.

Learned counsel for the Petitioner submits that, pursuant to the direction of this Court, the Petitioner appeared before the I.O. on 03.03.2022 and 14.03.2022. He further submits that the Petitioner is cooperating with the investigation and he is ready and willing to appear before the I.O. as and when required for the purpose of investigation. It is further contended by him that the principal accused persons, who were trying to take away two trucks, have been arrested and the said trucks have already been seized by Police.

// 2 // 5.

Considering the seriousness of the allegation, gravity of the offence and facts of the case, although I am not inclined to grant anticipatory bail to the Petitioner, however it is observed that, in the event the Petitioner surrenders and moves for bail before the learned J.M.F.C., Jajpur Road in C.T. Case No.1589 of 2021 corresponding to Kalinganagar P.S. Case No.300 of 2021 within a period of three weeks from today, he shall be released on bail on such terms and conditions as the learned Magistrate may deem just and proper in the facts and circumstances of the case, but subject to the further conditions that he shall cooperate with the investigation by appearing before the I.O. as and when required and he shall appear before the learned trial court on each date of trial, without fail. Violation of any of the conditions shall entail cancellation of bail of the Petitioner.

6.

The ABLAPL is disposed of accordingly.

7.

Urgent certified copy of this order be granted as per rules. (A.K. Mohapatra) Judge S.K.Parida