Aswini Kumar Khandayatray v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.7652 of 2022 Aswini Kumar Khandayatray ....

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

Opp.Party Mr.Shashanka Patra, A.S.C..

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

21.07.2022 01.

1.

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

2.

Heard learned counsel for the Petitioner and the learned Additional Standing Counsel. Perused the records. 3.

This is an application under Section 438 Cr.P.C. filed by the Petitioner for anticipatory bail.

4.

Learned counsel for the Petitioner submits that the Petitioner was never at the spot of occurrence, rather he was agitating for environment preservation.

5.

Considering the nature of allegations made, gravity of the 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 is arrested by the Arresting Officer in connection with Tangi P.S.Case No.381 of 2021, he shall be released on bail on such terms and conditions as would be deemed just and proper by the

// 2 // Arresting Officer. Further the Petitioner shall furnish an undertaking that he shall abide the law and order of the competent Court and also shall not indulge in similar nature of offence while on bail as alleged in the F.I.R.

6.

The ABLAPL is accordingly disposed of.

7.

Issue urgent certified copy of the order as per Rules. ( A.K. Mohapatra ) Judge RKS