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Orissa High CourtABLAPL/8559/2022disposed off

Saroj Dalei v. State Of Odisha

2022-07-29Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.8559 of 2022 Saroj Dalei ....

Petitioner Mr. Bini Mishra, Advocate -versusState of Odisha ....

Opposite Party Mr. Shashank Patra, A.S.C.

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

29.07.2022 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. 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 420/468/471/407, I.P.C.

4.

It is submitted by learned counsel for the Petitioner that the Petitioner is only a Helper of the Truck in question. He further submits that the principal allegation is against the owner of the Truck. Further it is stated that the owner of the Truck has been arrested and released on bail. Learned counsel for the Petitioner further submits that the truck as well as the consignment loaded in it has already been recovered by the police.

// 2 // 5.

Considering the nature of allegation, gravity of the offence and 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., Rourkela in G.R. Case No.114 of 2022 corresponding to Brahmanitarang P.S. Case No.27 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 circumstances of the case.

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