Tukuna @ Banchhanidhi Lenka @ Banchha Lenka v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.8632 of 2022 Tukuna @ Banchhanidhi Lenka @ Banchha Lenka ....

Petitioner Mr.Suryakanta Dwibedi,Advocate -versusState of Odisha ....

Opp.Party Mr.Sitikanta Mishra, A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

29.07.2022 01.

1.

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

2.

Heard learned counsel for the Petitioner and the learned Additional Standing Counsel. Perused the records. 3.

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

4.

It is submitted by the learned counsel for the Petitioner that the allegations against the present Petitioner are all false, baseless and the Petitioner is no way connected with the alleged offences as alleged by the Prosecution. It is also submitted by the learned counsel for the Petitioner that the materials collected during investigation do not make out a prima facie case against the Petitioner. 5.

Considering the nature of allegations made in the F.I.R., gravity of the offence and the fact of the case, I am not inclined to grant anticipatory bail to the Petitioner. However, it is directed that in

// 2 // the event the Petitioner surrenders before the learned J.M.F.C., Bhapur in G.R.Case No.221 of 2013 arising out of Fategarh P.S.Case No.107 of 2013 within a period of three weeks from today and moves for bail, he shall be released on bail on such terms and conditions as would be deemed just and proper by the learned Magistrate with further condition that he shall appear before the trial court without fail. Violation of any conditions shall entail cancellation of bail. 6.

The ABLAPL is accordingly disposed of.

7.

Issue urgent certified copy of the order as per Rules. ( A.K. Mohapatra ) Judge RKS