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Orissa High CourtABLAPL/7814/2022disposed off

Dusmanta Rout v. State Of Odisha

2022-07-22Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.7814 of 2022 Dusmanta Rout & others ....

Petitioners Mr.Panchanan Panigrahi, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

22.07.2022 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 Petitioner submits that the Petitioners are innocent and they have never been implicated in this case The present F.I.R. has been lodged against the Petitioners only due to previous grudge. The Petitioners have never played any active role in the incident as alleged in the F.I.R.

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 J.M.F.C., Bhuban in G.R.Case No.245 of 2022 arising out of Bhuban P.S.case No.259

// 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 and subject to verification of injury report. In the event it is found that the injury is grievous one, then the present order shall stand revoked. It is directed the Petitioners to appear before the concerned Police Station once in a fortnight preferably on Sunday between 10 A.M to 1 P.M. till conclusion of trial.

6.

The ABLAPL is accordingly disposed of.

7.

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