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Orissa High CourtABLAPL/8808/2022disposed off

Sacket Agarwal v. State Of Odisha

2022-08-02Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.8808 of 2022 Sacket Agarwal ....

Petitioner Mr. D.R.Bhokta, Advocate -versusState of Odisha & another ....

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

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

02.08.2022 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 the allegations made against the Petitioner are false and frivolous and the Petitioner is no way connected with the alleged crime. It is further submitted by the earned counsel for the Petitioner that the documents annexed with the bail application prima facie shows that no offence under section 420 of the Indian penal Code is made out against the Petitioner. On perusal of the record, it appears that the dispute arises basically out of commercial transaction.

5.

Considering the nature of allegations made, gravity of the offence and the fact of the case, I am not inclined to grant

// 2 // anticipatory bail to the Petitioner. However, it is directed that in the event the Petitioner surrenders before the learned S.D.J.M., Bhubaneswar in I.C.C.Case No.2569 of 2019 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.

6.

The ABLAPL is accordingly disposed of.

7.

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