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Orissa High CourtABLAPL/8526/2022disposed off

Mithun Pradhan v. State Of Odisha

2022-08-23Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.8526 of 2022 Mithun Pradhan ....

Petitioner Mr. Santosh Kumar Mahanty, Advocate -versusState of Odisha ....

Opposite Party Mr. Sitikant Mishra, A.S.C.

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

23.08.2022 Order No.

02.

1.

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

2.

Heard learned counsel for the Petitioner and 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 offence punishable under Sections 341/323/307/506/34, I.P.C.

4.

It is submitted by learned counsel for the Petitioner that one Krushna Ch. Pradhan is the main assailant. Further, so far as the present Petitioner is concerned, it is stated that the Petitioner has not assaulted the injured. He also submits that the injuries sustained by the injured are simple in nature.

5.

Considering the aforesaid submissions, seriousness of the 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

// 2 // is observed that, in the event the Petitioner surrenders and moves for bail before the learned S.D.J.M., Dhenkanal in G.R. Case No.878 of 2022 corresponding to Dhenkanal Town P.S. Case No.400 of 2022 within a period of three weeks from today, he 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 criminal antecedent of the Petitioner. If it is found that there is more than one criminal antecedent against the Petitioner, then this bail order shall stand automatically revoked. 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