Azad Mohammed v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.4317 of 2022 Azad Mohammed ....

Petitioner Mr.Asit Kumar Jena, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

02.09.2022 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 allegation leveled against the Petitioner is false, baseless and he is no way connected with the offence. He also submits that nothing has been seized from the possession of the Petitioner. It is also submitted by the learned counsel for the Petitioner that the present case has been lodged against the Petitioner with an ill intention. Nobody has stated anything against the Petitioner during their statements before the Police.

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., Jatni in G.R.Case No.68 of 2022 arising out of Jatni P.S.Case No.45 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 against the Petitioner. In the event it is found that the Petitioner has any criminal antecedents of similar nature, the order shall stand revoked. 6.

Accordingly, the ABLAPL is disposed of.

7.

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