Chandan Bag v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.8403 of 2022 Chandan Bag ....

Petitioner Ms. Bini Mishra, 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 offences punishable under Sections 420/468/471, I.P.C.

4.

It is submitted by learned counsel for the Petitioner that the principal allegation is made against one Mamata, who took Rs.10,000/- and provided a fake Birth Certificate. So far as the present Petitioner is concerned, it is submitted that the Petitioner is the co-owner of the Hospital and he has been falsely implicated in this case.

5.

Considering such submission, nature of allegation, gravity of the offence and the facts of the case, although I am not inclined to

// 2 // grant anticipatory bail to the Petitioner, however it is observed that, in the event the Petitioner surrenders before the learned Gram Nyayalaya-cum-J.M.F.C., Bhograi corresponding to Kamarda P.S. Case No.28 of 2021 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. While imposing conditions, learned Magistrate shall also add the further conditions that the Petitioner shall cooperate with the investigation and he shall appear before the trial court on each and every date fixed. Violation of any of the conditions shall entail cancellation of the bail of the Petitioner. 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