Babaji Naik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.8701 of 2022 Babaji Naik ....

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

Opp.Party Mr.M.K.Mohanty, A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

01.08.2022 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 all the allegations leveled against the Petitioner are false and fabricated and the Petitioner is no way connected so far as the alleged offences are concerned. It is also submitted by the learned counsel for the Petitioner that all the allegations leveled against him are omnibus in nature. It is contended by the learned counsel for the Petitioner that the present case has been foisted against the Petitioner only to harass the Petitioner.

5.

Considering the nature of allegations made, gravity of the

// 2 // 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 event the Petitioner surrenders before the learned J.M.F.C., Chhendipada in G.R.Case No.664 of 2022 arising out of Chhendipada P.S.Case No.338 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 with further condition that the Petitioner shall cooperate with the investigation and shall appear before the I.O. as and when required for the purpose of investigation. Violation of 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