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Orissa High CourtABLAPL/2255/2022disposed off

Ratikanta Garnayak v. State Of Odisha

2022-08-12Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.2255 of 2022 Ratikanta Garnayak ....

Petitioner Mr. Bidyalok Mohapatra, Advocate -versusState of Odisha ....

Opposite Party Mr. Sitikant Mishra, A.S.C.

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

12.08.2022 Order No.

02.

1.

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

2.

Heard learned counsel for the Petitioner as well as learned Addl. Standing Counsel for the State.

3.

This is an application under Section 438, Cr.P.C. filed by the Petitioner for anticipatory bail, involving offences punishable under Sections 120-B/379/411/468/471, I.P.C. and Section 12 of OMM Act.

4.

Considering the seriousness and gravity of the offence as alleged and the facts of the case, although this Court is not inclined to grant anticipatory bail to the Petitioner, however it is observed that, in the event the Petitioner surrenders before the learned S.D.J.M., Talcher in G.R. Case No.455 of 2022 corresponding to Colliery P.S. Case No.0090 of 2022 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

// 2 // circumstances of the case, but subject to verification of criminal antecedents of the Petitioner. In the event it is found that there is more than one criminal antecedent of similar nature against the Petitioner, then this bail order shall stand revoked automatically. Further, while imposing condition for bail, learned Magistrate shall also impose conditions whereby the Petitioner shall cooperate with the investigation by appearing before the I.O. as and when required, and further he shall also 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 Petitioners.

5.

The ABLAPL is disposed of accordingly.

6.

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