Banamali Das v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.7819 of 2022 Banamali Das ....

Petitioner Mr.Rakesh Kumar Das, 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 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 is the driver of the vehicle and he was carrying coal in the vehicle at the instruction of the owner of the vehicle.

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 surrenders before the learned S.D.J.M., Bhadrak in G.R.Case No.1410 of 2022 arising out of Bhadrak Rural P.S.Case No.273 of 2022 within a period of three weeks from today and moves for bail, he shall be released on bail on such terms and conditions as

// 2 // would be deemed just and proper by the learned Magistrate and subject to verification of criminal antecedents against the Petitioner. 6.

The ABLAPL is accordingly disposed of.

7.

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