Kirtik Chandra Ray v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.8493 of 2022 Kartik Chandra Ray ....

Petitioner Mr. P. Nayak, Advocate -versusState of Odisha ....

Opp. Party Mr. S.K. Nayak, A.G.A.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

02.09.2022 03.

1.

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2.

Heard learned counsel for the petitioner and learned Additional Standing Counsel for the State.

3.

This is an application under Section 438, Cr.P.C. filed by the petitioner for anticipatory bail.

4.

The petitioner is seeking pre-arrest bail in connection with P.S. Case No.12 of 2022 at EOW, Bhubaneswar P.S. under Sections 406/420/467/468/471/120-B, I.P.C.

5.

It is submitted by learned counsel for the petitioner that the principal accused has already been released on bail. In such view of the matter, the petitioner is ready and willing to cooperate with the Investigating Officer as and when required for the purpose of the investigation.

6.

Learned counsel for the State, on the other hand, submits that if the petitioner be released on bail, some stringent terms and conditions may be imposed on the petitioner while releasing him on

// 2 // bail.

7.

Considering the nature of allegation, gravity of offence and the fact of the case, I am not inclined to grant anticipatory bail to the petitioner. However, it is directed that in the event the petitioners surrenders and moves an application for bail before the learned court in seisin over the matter within a period of three weeks from today in the aforesaid case, he shall be released on bail on such terms and conditions as would be deemed just and proper with further conditions that:- I.

the petitioner shall cooperate with the Investigating Officer as and when required for the purpose of investigation; and II.

they shall not default in attendance of the court during trial each date of posting.

III. while on bail, he shall not indulge in similar criminal activities.

Violation of any of the terms and conditions shall entail cancellation of bail.

8.

Accordingly, the ABLAPL is disposed of.

Urgent certified copy of this order be granted on proper application.

( A.K. Mohapatra) Judge Jagabandhu