Ganeswar Beura v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.6809 of 2022 Ganeswar Beura ....

Petitioner Mr. B.B. Mishra, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

18.07.2022 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.

The petitioner seeking pre-arrest bail in connection C.T. Case No.1451 of 2022, arising out of Bhubaneswar Mahila P.S. Case No.30 of 2022 pending in the court of learned S.D.J.M., Bhubaneswar for commission of offence punishable under Sections 419/420/467/468/ 471/494/120-B/34, I.P.C.

5.

Considering the nature of allegations and taking into account that even though, F.I.R. was lodged by the I.I.C. Bhubaneswar Mahila Police Station. It is submitted by learned counsel for the petitioner that the petitioner is the brother-in-law of the informant and he has been falsely implicated in the present case. It is further submitted that on

// 2 // similar footing with the present petitioner, other co-accused persons have already been released on bail. Hence, the bail application of the petitioner may be considered.

6.

Taking into consideration 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 court in seisin over the matter, he shall be released on bail on such terms and conditions as would be deemed just and proper with further condition that he shall cooperate the police as and when required for the purpose of investigation. 7.

Accordingly, the ABLAPL is disposed of.

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

Jagabandhu ( A.K. Mohapatra) Judge