Mithilesh Sahani v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.7192 of 2022 Mithilesh Sahani ....

Petitioner Mr. B.K. Ragada, 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 petitioners for anticipatory bail.

4.

The petitioner seeking pre-arrest bail in connection with 2(a)CC No.502 of 2022, arising out of Excise P.R. Case No.42 of 2022 pending in the court of learned S.D.J.M., Sambalpur for commission of offence punishable under Section 52(a) of Orissa Excise Act, 2008. 5.

It is submitted by learned counsel for the petitioner that as per F.I.R., the petitioner has been falsely implicated in the present case and the police entangled the petitioner with another case. Hence, the petitioner has another criminal antecedent.

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

// 2 // 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, 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.

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

Jagabandhu ( A.K. Mohapatra) Judge