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Orissa High CourtABLAPL/5812/2022disposed off

Rameswar Prasad Singh @ Raja v. State Of Odisha

2022-06-17Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.5812 of 2022 Rameswar Prasad Singh @ Raja ....

Petitioner Mr. Milan Kanungo, Sr. Advocate -versusState of Odisha ....

Opposite Party Mr. A.N. Das, A.G.A.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

17.06.2022 01.

1.

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2.

Heard learned counsel for the petitioner and learned Additional Standing Counsel for the State.

3.

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

4.

It is alleged that as per agreement, the husband of the looking after the Kalyan Mandap, which is situated on the schedule property of the petitioner from 2003. Further there was an agreement between them. After death of the husband of the informant, she was looking after the same. It is further alleged that on 17.02.2022 on the instigation of the petitioner five to six unknown persons entered into the house of the informant and asked to remove all the articles from the Kalyan Mandap. Hence, this case.

Learned counsel for the petitioner submits that the F.I.R. has

// 2 // been lodged against unknown persons and the petitioner has not been named in the F.I.R and that he has been falsely implicated in the present case.

6.

Considering the nature of allegation, gravity of offence and the fact of the case, I am not inclined to grant anticipatory bail to the petitioner. However, it is directed that in the event the petitioner surrender before the learned Special Judge, Nayagarh in Special G.R. Case No.55 of 2022, arising out of Nayagarh P.S. Case No.61 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 including the conditions that the petitioner shall not threaten, induce or coerce or terrorize the prosecution witnesses or the informant and her family members in any manner whatsoever and shall co-operate with the investigation as and when required. 7.

Accordingly, the ABLAPL is disposed of.

Urgent certified copy of this order be granted on proper application.

( A.K. Mohapatra ) Vacation Judge Jagabandhu