Salim Khan v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.7659 of 2022 Salim Khan & others ....

Petitioners Mr.Amulya Ratna Panda, 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 Petitioners and the learned Additional Standing Counsel. Perused the records. 3.

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

4.

Learned counsel for the Petitioners submits that the names of the Petitioners do not find place in the F.I.R. and on perusal of the F.I.R. as well as statements of the witnesses, no prima facie case is made out against the Petitioners.

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 Petitioners. However, it is directed that in the event the Petitioners surrender before the learned S.D.J.M., Jajpur in CT Case No.1380 of 2022 arising out of Binjharpur P.S.Case No.389

// 2 // of 2022 within a period of three weeks from today and move for bail, they shall be released on bail on such terms and conditions as would be deemed just and proper by the learned Magistrate. 6.

In the event, it is found that the injury sustained by the injured is grievous in nature, this order will not be given effect to. 7.

The ABLAPL is accordingly disposed of.

8.

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