Bhimasen Swain v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.8402 of 2022 Bhimasen Swain ....

Petitioner Ms. Jagruti Barik, Advocate -versusState of Odisha & Others ....

Opposite Parties 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 offences punishable under Sections 379/420/34, I.P.C. and Section 21 of the M.M.D.R. Act and Section 15 of the E.P. Act.

4.

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 event the Petitioner surrenders before the learned J.M.F.C., Chandikhol in C.T. Case No.1050 of 2022 corresponding to Jenapur P.S. Case No.180 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

// 2 // circumstances of the case, but subject to verification of Criminal Antecedents of the Petitioner. While imposing conditions, learned Magistrate shall also add the further conditions that the Petitioner shall not indulge in similar nature of criminal activities while on bail. In the event it is found that the Petitioner is again involved in similar nature of offence, the bail order shall be revoked and the Court in seisin over the matter may take any coercive action against the Petitioner in accordance with law.

5.

The ABLAPL is disposed of accordingly.

6.

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