Nakul Ch. Pradhan v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.6453 of 2022 Nakul Ch. Pradhan ....

Petitioner Mr. S.K. Biswal, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

16.08.2022 02.

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.

The petitioner is seeking pre-arrest bail in connection with G.R. Case No.373 of 2008, arising out of G. Udayagiri P.S. Case No.114 of 2008 pending in the court of learned J.M.F.C., G. Udayagiri for commission of offence punishable under Sections 147/148/436/427/395/295/153-A/149, I.P.C.

5.

It is submitted by learned counsel for the petitioner that on similar footing with the present petitioner, other co-accused persons have already been released on bail by this Court in BLAPL 8986 of 2009 released on anticipatory bail under Section 438, Cr.P.C. vide order dated 28.07.2009. It is further submitted by learned counsel for

// 2 // the petitioner that the petitioner was staying outside the State for livelihood and he has no knowledge about 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 surrenders and moves an application for bail before the learned court in seisin over the matter within a period of three weeks from today in the aforesaid case, he shall be released on bail on such terms and conditions as would be deemed just and proper with further condition that he shall not default in attendance of the court during trial on each date of posting while on bail.

Violation of any of the terms and conditions shall entail cancellation of bail.

7.

Accordingly, the ABLAPL is disposed of.

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

( A.K. Mohapatra) Judge Jagabandhu