Litua @ Abinash Maharana v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.7190 of 2022 Litua @ Abinash Maharana ....

Petitioner Mr. A.K. Sahoo, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

19.07.2022 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 with G.R. Case No.1242 of 2022, arising out of Jagatpur P.S. Case No.202 of 2022 pending in the court of learned J.M.F.C.(R), Cuttack for commission of offence punishable under Section 379, I.P.C. 5.

It is submitted by learned counsel for the petitioner that the stolen auto rickshaw has already been recovered and the petitioner has been falsely implicated in 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

// 2 // surrender before the learned court in seisin over the matter within a period of three weeks from today, he shall be released on bail on such terms and conditions as would be deemed just and proper. 7.

Accordingly, the ABLAPL is disposed of.

8.

It is further directed that the bail granted to the petitioner is subject to the condition that learned court below shall verify whether the petitioner has any criminal antecedents of similar nature. In the event it is found that the petitioner has any criminal antecedents, this bail order shall automatically stand revoked. Urgent certified copy of this order be granted on proper application.

Jagabandhu ( A.K. Mohapatra) Judge