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Orissa High CourtABLAPL/4337/2022disposed off

Santosh Kumar Bhujabal @ Santosh Bhujabal v. State Of Odisha

2022-09-02Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.4337 of 2022 Santosh Kumar Bhujabal @ Santosh Bhujabal ....

Petitioner Mr.Amitav Tripathy, 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 so far as the present Petitioner is concerned, the allegation is that by the help of a stick he had assaulted on the leg of the injured. It is further submitted by the learned counsel for the Petitioner that the principal accused has assaulted the injured by means of a bhujali, as a result of which the injured has sustained grievous injury and other accused persons have already been released on bail. It is further submitted by the petitioner that the Petitioner is a Doctor and is in Government

// 2 // service.

5.

Considering the nature of allegations made, gravity of the 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 S.D.J.M., Nayagarh in G.R.Case No.205 of 2022 arising out of Itamati P.S.Case No.77 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 with further conditions that the Petitioner while on bail shall not indulge in similar nature of offence and shall not threaten, influence, terrorise or harass the informant and her family members in any manner whatsoever. The Petitioner shall also cooperate with the investigation and appear before the I.O. as and when required and 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