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Orissa High CourtABLAPL/4401/2022disposed off

P. Rabi Kumar v. State Of Odisha

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

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.4401 of 2022 P.Rabi Kumar ....

Petitioner Mr. Manoranjan Padhy,Advocate -versusState of Odisha ....

Opp. Party Mr.S.Mishra,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 there is case and counter case. So far as the allegations against the present Petitioner is concerned, the Petitioner had opened a fake account and had taken a loan of Rs.25,00,000/-. It is also submitted by the learned counsel for the Petitioner that the Petitioner has already repaid Rs.25,00,000/- 5.

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 C.J.(J.D.)-cumJ.M.F.C., Lamtaput in G.R.Case No.18 of 2022 arising out of Machhkund P.S.Case No.26 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 whether the Petitioner has repaid Rs.25,00,000/- as alleged by the Petitioner. 6.

Accordingly, the ABLAPL is disposed of.

7.

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