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Orissa High CourtABLAPL/8375/2022disposed off

Prafful Rout @ Prafful Barad v. State Of Odisha

2022-07-28Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.8375 of 2022 Prafulla Rout @ Prafful Barad ....

Petitioner Mr. Jyotirmaya Sahoo, Advocate -versusState of Odisha ....

Opposite Party Mr. P.K. Rout, A.G.A.

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

28.07.2022 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. Govt. Advocate for the State.

3.

This is an application under Section 438, Cr.P.C. filed by the Petitioner for anticipatory bail, involving offence punishable under Sections 341/323/324/307, I.P.C.

4.

It is submitted by learned counsel for the Petitioner that the Petitioner does not have any similar nature of criminal antecedents. Further, the injury sustained by the injured is simple in nature. 5.

Considering the allegations made in the F.I.R. as well as the materials placed before this Court, 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 event the Petitioner surrenders before the learned J.M.F.C., Ranpur in G.R.

// 2 // Case No.243 of 2022 corresponding to Ranpur P.S. Case No.161 of 2022 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, but subject to verification of Injury Report and Criminal Antecedents of the Petitioner. If it is found that the Petitioner is having more than two criminal antecedents of similar nature or it is found that the injury sustained by the victim is grievous in nature, then this bail order shall not be given effect to. 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