Manoj Kumar Samal @ Manoj Samal v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.3250 of 2022 Manoj Kumar Samal @ Manoj Samal ....

Petitioner Mr.Sunil Ku. Pattnaik, Advocate -versusState of Odisha ....

Opp. Party Mr.S.Patra, A.S.C..

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

02.09.2022 03.

1.

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

2.

Heard learned counsel for the Petitioner and the learned Additional Standing Counsel. Perused the records. 3.

This is an application under Section 438 Cr.P.C. filed by the Petitioner for anticipatory bail.

4.

It is submitted by the learned counsel for the Petitioner that the present Petitioner has been falsely implicated by the informant due to previous dispute. He also submits that the allegation made against the Petitioner in the F.I.R. does not make out a prima facie case. It is also submitted by the learned counsel for the Petitioner that co-accused persons have been released on bail by the learned court below 5.

Considering the nature of allegations made, gravity of the

// 2 // offence and the facts of the case, I am not inclined to grant anticipatory bail to the Petitioner. However, it is directed that in the event the Petitioner surrenders before the learned J.M.F.C., Banarpal in G.R.Case No.27 of 2022 arising out of Banarpal P.S.Case No.100 of 2022 within a period of three weeks from today and moves for bail, he shall be released on bail on such terms and conditions as would be deemed just and proper by the learned Magistrate, but subject to verification of criminal antecedent of similar nature. In the event it is found that the Petitioner has more than one criminal antecedent, then this order shall stand revoked. It is also directed that the Petitioner while on bail shall not indulge in similar nature of offence. The Petitioner shall cooperate with the investigation and appear before the I.O. as and when required. The Petitioner shall also appear before the trial court on each and every date fixed. Violation of conditions shall entail cancellation of bail. 6.

Accordingly, the ABLAPL is disposed of.

7.

Issue urgent certified copy of this order as per Rules. ( A.K. Mohapatra) Judge RKS