Subash Naik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 5633 of 2022 Subash Naik ....

Petitioner Mr. Basudev Barik, Advocate -versusState of Odisha and another ....

Opposite Parties Mr. T.K. Praharaj, S.C.

CORAM:

JUSTICE A.K. MOHAPATRA

ORDER

13.06.2022 Order No.

1.

1.

This matter is taken up through hybrid arrangement (virtual/physical mode).

2.

Heard learned counsel for both the parties and perused the records.

3.

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

4.

Considering the nature and gravity of offences alleged against the Petitioner, I am not inclined to release the Petitioner on bail. However, this Court directs that in the event the Petitioner surrenders before the learned S.D.J.M., Talcher in G.R. Case No.1023 of 2022, arising out of Colliery (Talcher) P.S. Case No.214 of 2022 within a period of three weeks from today, he shall be released on bail on such terms and conditions as the learned Magistrate may deem just and proper.

5.

It is further directed that in the event of release of the

// 2 // Petitioner, he shall not indulge in any offences, tamper with the evidence or threat to the prosecution witnesses and cooperate with the investigation.

6.

This Court further observes that if the Petitioner is found to have indulged in similar type of offences, this order shall automatically stand revoked and the learned Magistrate shall immediately issue NBW of arrest against the Petitioner. 7.

The ABLAPL is accordingly disposed of.

8.

Issue urgent certified copy as per rules (A.K. Mohapatra) Vacation Judge U.K.Sahoo