Shiva Tandan @ Sibasish Tandan v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.8639 of 2022 Shiva Tandan @ Sibasish Tandan ....

Petitioner Mr. Sunil Ku Panda, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

29.07.2022 0`.

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 Petitioner has not committed any crime against the complainant and only to harass the Petitioner, the complainant has foisted this false case against the Petitioner. It is also submitted by the learned counsel for the Petitioner that the allegations as leveled against the Petitioner in the F.I.R. do not make out a prima facie case against the Petitioner. 5.

Considering the nature of allegations made, 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 the

// 2 // event the Petitioner surrenders before the learned S.D.J.M., Sambalpur in G.R.Case No.1266 of 2022 arising out of Town P.S.Case No.112 of 2022 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 and subject to verification of criminal antecedents of similar nature against the Petitioner.

6.

The ABLAPL is accordingly disposed of.

7.

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