Dipak Mahar v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.6837 of 2022 Dipak Mahar ....

Petitioner Mr. M.K.Mohapatro, Advocate -versusState of Odisha ....

Opp. Party Mr. M.K. Mohanty, 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 G.R. Case No.455 of 2022, arising out of Kiakata P.S. Case No.32 of 2022 pending in the court of learned S.D.J.M., Athmallik for commission of offence punishable under Sections 379/34 of I.P.C. read with Section 51 of the Odisha Minor Mineral Concession Rules, 2016 Act. 5.

Considering the nature of allegations and taking into account that even though, F.I.R. was lodged by the I.I.C. Kiakata Police Station. It is submitted by learned counsel for the petitioner that on confessional statement, he has been falsely implicated in the present case. 6.

Taking into consideration the nature of allegation, gravity of

// 2 // 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 within a period of three weeks from today, she shall be released on bail on such terms and conditions as would be deemed just and proper. 7.

Accordingly, the ABLAPL is disposed of.

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

Jagabandhu ( A.K. Mohapatra) Judge