Maheswar Dalei @ Faka v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.4120 of 2022 Maheswar Dalei @ Faka ....

Petitioner Mr.A.R.Panda,Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

29.08.2022 02.

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 implicated in the present case on the basis of confessional statement of co-accused. He also submits that the Petitioner is a worker under the principal accused. It is also submitted by learned counsel for the Petitioner that nothing has been recovered from the conscious possession of the Petitioner. 6.

Considering the nature of allegations made, gravity of the offence and the facts of the case, I am not inclined to grant

// 2 // anticipatory bail to the Petitioner. However, it is directed that in the event the Petitioner surrenders before the learned S.D.J.M., Balasore in C.T.Case No.59 of 2022 arising out of Chandipur P.S.Case No.04 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 and subject to depositing a cash security of Rs.10,000/- (Rupees Ten thousand) before the court in seisin over the matter. The amount so deposited be deposited in any Nationalised Bank in a interest bearing account in the name of the Court in seisin over the matter. 7.

Accordingly, the ABLAPL is disposed of.

8.

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