Bichitrananda Mahanta @ Mohanta v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.2509 of 2022 Bichitrananda Mahanta @ Mohanta ....

Petitioner Mr. Abhas Mohanty, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

16.08.2022 Order No.

02.

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 419/420/468/471/473/34, I.P.C. read with Sections 66-C and 66-D of the Information Technology (Amendment) Act, 2008. 4.

It is submitted by learned counsel for the Petitioner that the Petitioner has not been named in the F.I.R.

5.

However, 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

// 2 // bail before the learned S.D.J.M., Koraput in G.R. Case No.173 of 2022 corresponding to Jeypore Town P.S. Case No.39 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 circumstances of the case. While imposing conditions for bail, learned Magistrate shall also impose the condition whereby the Petitioner shall cooperate in the investigation by appearing before the I.O. as and when required and 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 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