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Orissa High CourtABLAPL/8069/2022disposed off

Khitish Kumar Das @ Sanu v. State Of Odisha

2022-07-26Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.8069 of 2022 Khitish Kumar Das @ Sanu ....

Petitioner Mr. Amulya Ratna Panda, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

26.07.2022 Order No.

01.

1.

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

2.

Heard learned counsel for the Petitioner and learned Addl. Standing Counsel for the State.

3.

This is an application under Section 438, Cr.P.C. filed by the Petitioner for anticipatory bail, involving offences punishable under Sections 341/323/294/420/506/34, I.P.C.

4.

It is submitted by learned counsel for the Petitioner that coaccused Swarup Barik and another have been released on bail vide order dated 13.06.2022 passed in ABLAPL No.5739 of 2022 and the present Petitioner stands in the similar footing to those co-accused persons.

5.

Considering the nature of allegation, gravity of the offence and the facts of the case, although I am not inclined to grant anticipatory bail to the Petitioner, however it is observed that, in the

// 2 // event the Petitioner surrenders before the learned J.M.F.C. (R), Balasore in C.T. Case No.966 of 2019 corresponding to Balasore Sadar P.S. Case No.289 of 2019 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 just and proper in the facts and circumstances of the case, subject to the verification of the fact that the Petitioner stands in similar footing to the co-accused persons who have been released on bail.

6.

The ABLAPL is disposed of accordingly.

7.

Urgent certified copy of this order be granted as per rules. (A.K. Mohapatra) Judge S.K.Parida