Abhishek Sahoo v. R.T.O., Chandikhole
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.16592 of 2022 Maheswar Sahoo ....
Petitioner Mr. Suresh Kumar Jena, Advocate -versusState of Odisha ....
Opposite Party Mr. Shashanka Patra, A.S.C.
CORAM:
JUSTICE CHITTARANJAN DASH Order No.
ORDER
04.01.2023 01.
1. Heard the learned counsels for the Petitioner and the State.
2. By means of this application, the Petitioner seeks grant of bail U/s.438 Cr.P.C. in apprehension of arrest for his alleged involvement in the offences U/s. 379/294/323/34, I.P.C. in connection with Jajpur Sadar P.S. Case No.343 of 2022 corresponding to C.T. Case No.2698 of 2022 pending in the court of learned S.D.J.M., Jajpur.
3. Regard being had to the submission of the learned counsel for the Petitioner, nature of allegations, the circumstances appearing and the seriousness and gravity of the offences, while this court is not inclined to grant anticipatory bail, it is directed that, in the event the Petitioner surrenders and moves for bail before the learned S.D.J.M., Jajpur in the aforesaid C.T. Case within a period of three weeks from today, he shall be allowed to go on bail on such terms and conditions as would be deemed just and proper by the said
// 2 // court, but subject to verification of Criminal Antecedents of the Petitioner.
4. If it is found that there is criminal antecedent to the credit of the present Petitioner, this order shall not be given effect to. However, if the learned Magistrate is satisfied that there is no other criminal antecedent against the Petitioner and admits the Petitioner to bail, the following further conditions be imposed - (i) The Petitioner shall appear before the I.O. and shall cooperate with the investigation as and when required;
(ii) He shall appear in person before the trial court on each date of posting of the case unless specifically exempted by the court concerned.
(iii) He shall not involve in any other offence or criminal activities of similar nature to the present case in any manner whatsoever, while on bail.
(iv) Violation of any of the conditions shall entail cancellation of bail of the Petitioner.
5. The ABLAPL is disposed of accordingly.
( Chittaranjan Dash ) Judge S.K. Parida