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Orissa High CourtABLAPL/6940/2022disposed off

Bibek Pattnaik v. State Of Odisha

2022-08-24Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.6940 of 2022 Bibek Pattnaik ....

Petitioner Mr. Lalita Narayan Pattnaik, Advocate -versusState of Odisha ....

Opposite Party Mr. Shashank Patra, A.S.C.

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

23.08.2022 Order No.

03.

1.

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2.

Heard learned counsel for the Petitioner and learned Addl. Standing Counsel for the State. Perused the case record. 3.

This is an application under Section 438, Cr.P.C. filed by the Petitioner for anticipatory bail, involving offence punishable under Sections 403/404/406/407/408/409/415/417/420/422, I.P.C. 4.

It is submitted by learned counsel for the Petitioner that the Petitioner had taken the vehicle in question for a day only. Pursuant to the direction of this court dated 05.08.2022, learned counsel for the State submits the status report, which shows that both the vehicles are under the possession of the complainant. 5.

Considering such submission, seriousness of the allegation, gravity of the offence and facts of the case, although I am not inclined to grant anticipatory bail to the Petitioner, however it is

// 2 // observed that, in the event the Petitioner surrenders and moves for bail before the learned S.D.J.M., Bhubaneswar in C.T. Case arising out of I.C.C. No.1732 of 2022 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 in the facts and circumstances of the case.

While imposing conditions for bail, learned Magistrate shall also impose the following conditions - (i) That, the Petitioner shall appear before the I.O. and shall cooperate with the investigation as and when required.

(ii) He shall also appear before the learned trial court on each date of trial, without fail.

Violation of any of the conditions shall entail cancellation of bail of the Petitioner.

6.

The ABLAPL is disposed of accordingly.

7.

Urgent certified copy of this order be granted as per rules. (A.K. Mohapatra) Judge S.K.Parida