Rabinarayan Behera @ Narayan Behera v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.8419 of 2022 Rabinarayan Behera @ Narayan Behera ....
Petitioner Mr. Lambodor Achari, Advocate -versusState of Odisha ....
Opposite Party Mr. Sitikant Mishra, A.S.C.
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 as well as 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 120-B/452/364/323/34, I.P.C. Perused the copy of the F.I.R. 4.
It is submitted by learned counsel for the Petitioner that the alleged offence is of the year 2009. He further submits that the Petitioner is not named in the F.I.R. and some of the co-accused persons have been released on bail by the court below. 5.
Considering the submissions, seriousness and gravity of the offence as alleged and the facts of the case, although this Court is not inclined to grant anticipatory bail to the Petitioner, however it is observed that, in the event the Petitioner surrenders before the
// 2 // learned S.D.J.M., Bhanjanagar, Ganjam in G.R. Case No.141 of 2009 corresponding to Tarasingi P.S. Case No.28 of 2009 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. This bail order is subject to further conditions that the Petitioner shall appear before the trial court on each and every date fixed, without fail. It is open for the learned Magistrate to impose any other conditions to grant bail. Violation of any of the conditions shall entail cancellation of 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