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Orissa High CourtABLAPL/7514/2022disposed off

Ramachandra Garada v. State Of Odisha

2022-07-20Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.7514 of 2022 Ramachandra Garada ....

Petitioner Mr.A.Mishra, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

20.07.2022 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. Perused the FIR and materials placed on record.

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.369 of 2022, arising out of Jeypore Town P.S. Case No.88 of 2022 pending in the court of learned S.D.J.M., Jeypore for commission of offence punishable under Sections 457/380 of I.P.C. 5.

It is submitted by learned counsel for the petitioner that one coaccused namely Anit Kumar Kuladipa has been released on anticipatory bail by this court vide order dated 05.07.2022 passed in ABLAPL No. 6404 of 2022. It is further submitted by the learned counsel for the petitioner that the allegations in the F.I.R. are omnibus

// 2 // in nature.

6.

Considering the nature of allegations and gravity of offence and the fact of the case, I am not inclined to grant anticipatory bail to the petitioner. However, it is observed that, in the event the petitioner surrenders before the learned court in seisin over the matter within a period of three weeks from today, the petitioner shall be released on bail on such terms and conditions as the learned Magistrate may deem fit and proper.

7.

Further, it is directed that the bail granted to the petitioner is subject to the condition that learned court below shall verify the criminal antecedent of the present petitioner. In the event, whether it is found that the petitioner is having similar criminal antecedent, this bail order stands revoked.

8.

Accordingly, the ABLAPL is disposed of.

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

( A.K. Mohapatra) Judge subhasmita