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Orissa High CourtABLAPL/2059/2022disposed off

Manoj Kumar Khillo @ Manoj Khilla v. State Of Odisha

2022-07-29Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.2059 of 2022 Manoj Kumar Khillo @ Manoj Khilla ....

Petitioner Mr. R.L. Pattnaik, Advocate -versusState of Odisha ....

Opp. Party Mr. P.C. Das, A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

29.07.2022 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.1128 of 2021, arising out of Orkel Police Station Case No.251 of 2021 pending in the court of learned J.M.F.C., K. Gumma in the district of Malkangiri for commission of offence punishable under Sections 294/323/325/341/307/506/34, I.P.C. 5.

It is submitted learned counsel for the petitioner that on similar footing with the present petitioner, other co-accused, namely, Pintu Bagh has already been released on bail by this Court by order dated 30.03.2022 in ABLAPL No.2039 of 2022.

// 2 // 6.

On a plain reading of the F.I.R., it appears that the present petitioner stands on similar footing with the other co-accused persons.

7.

Considering the nature of allegation, gravity of 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 surrender 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.

8.

Accordingly, the ABLAPL is disposed of.

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

( A.K. Mohapatra) Judge Jagabandhu