Khageswar Pingua v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.8561 of 2022 Khageswar Pingua ....

Petitioner Mr. Chiranjib Rout, 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 offence punishable under Section 384, I.P.C.

4.

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 S.D.J.M., Pallahara in G.R. Case No.235 of 2022 corresponding to Khamar P.S. Case No.102 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

// 2 // of the case, but subject to verification of Criminal Antecedents of the Petitioner.

Furthermore, while imposing conditions for bail, learned Magistrate shall also impose conditions whereby the Petitioner shall not threaten, harass or terrorise the Informant or his family members in any manner whatsoever. In the event it is found that the Petitioner is again indulged in similar nature of criminal activities, the bail order shall stand automatically revoked and the learned court in seisin over the matter may take any coercive action against the Petitioner in accordance with law.

5.

The ABLAPL is disposed of accordingly.

6.

Urgent certified copy of this order be granted as per rules. (A.K. Mohapatra) Judge S.K.Parida