Birendra Kumar Mishra v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.8729 of 2022 Birendra Kumar Mishra ....

Petitioner Mr. T. Nanda, Advocate -versusState of Odisha ....

Opp. Party Mr. S. Mishra, 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 learned Additional Standing Counsel for the State.

3.

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

4.

The petitioner is seeking pre-arrest bail in connection with G.R. Case No.655 of 2022, arising out of Bolangir Town P.S. Case No.214 of 2022 pending in the court of learned S.D.J.M. Bolangir for commission of offence punishable under Section 384, I.P.C. 5.

Considering the nature of allegation, gravity of 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 surrender before the learned court in seisin over the matter within a period of three weeks from today in the aforesaid case, he shall be released on bail on such terms and conditions as would be deemed

// 2 // just and proper with further condition that petitioner shall not harass, torture, threaten or terrorize the informant and his/her family members in any manner whatsoever while on bail.

Violation of any of the terms and conditions shall entail cancellation of bail.

6.

Accordingly, the ABLAPL is disposed of.

Urgent certified copy of this order be granted on proper application.

( A.K. Mohapatra) Judge Jagabandhu