Md Shamshad Alam @ Muna Bihari v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.6861 of 2022 Md Shamshad Alam @ Muna Bihari ....

Petitioner Mr. S.C.Mohapatra, 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 G.R. Case No.1362 of 2022, arising out of Jagatpur P.S. Case No.223 of 2022 pending in the court of learned J.M.F.C.(R), Cuttack for commission of offence punishable under Sections 379/411/34 of I.P.C. 5.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the present case. Further learned counsel for the petitioner submits that stolen vehicles were lifted to Pira Bazar. However, the present petitioner is no way connected with the alleged crime.

6.

Considering the nature of allegation, gravity of offence and the

// 2 // 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 J.M.F.C.(R), Cuttack in the aforesaid case 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.

7.

Accordingly, the ABLAPL is disposed of.

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

Jagabandhu ( A.K. Mohapatra) Judge