Dibya Sagar Naik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.7200 of 2022 Dibya Sagar Naik ....

Petitioner Mr. L.N. Patel, 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 petitioners 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 G.R. Case No.1297 of 2022, arising out of Jujumura P.S. Case No.50 of 2022 pending in the court of learned S.D.J.M., Sambalpur for commission of offence punishable under Section 395, I.P.C.

5.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case and he is no way connected with the alleged incident. Further, learned counsel for the petitioner submits that the petitioner does not have any criminal antecedents 6.

Considering the nature of allegation, gravity of offence and the

// 2 // facts 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, he shall be released on bail on such terms and conditions as would be deemed just and proper. 7.

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. 8.

Accordingly, the ABLAPL is disposed of.

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

Jagabandhu ( A.K. Mohapatra) Judge