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Orissa High CourtABLAPL/6445/2022disposed off

Asit Ogar @ Ashit Ogar v. State Of Odisha

2022-07-26Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.6445 of 2022 Asit Ogar @ Ashit Ogar ....

Petitioner Mr. A.K.Budhia, Advocate -versusState of Odisha ....

Opp.Party Mr.P.C.Das, A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

26.07.2022 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.

Learned counsel for the Petitioner submits that the Petitioner has not been named in the F.I.R. Basing on the confessional statement co-accused the Petitioner has been implicated. It is further submitted that the Petitioner does not have any criminal antecedent of similar nature. He also submits he has been falsely implicated in the present case.

5.

Considering the nature of allegations made, gravity of the 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 surrenders before the learned S.D.J.M.,

// 2 // Sundargarh in G.R.Case No.616 of 2022 arising out of Sundargarh Town P.S.Case No.128 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 and subject to verification of criminal antecedent of similar nature. In the event it is found that the Petitioner has criminal antecedent of similar nature, then this order shall automatically stand revoked.

6.

The ABLAPL is accordingly disposed of.

7.

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