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Orissa High CourtABLAPL/8810/2022disposed off

Dhiraj Biswal v. State Of Odisha

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

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.8810 of 2022 Dhiraj Biswal ....

Petitioner Mr. Pradeep Kumar Das, Advocate -versusState of Odisha ....

Opp.Party 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 leveled against the Petitioner are false and fabricated and the Petitioner is no way connected with the alleged offence and only in a mechanical manner he has been falsely implicated in the instant case by the Investigating Agency. It is also submitted by the learned counsel for the Petitioner that the witnesses examined by the I.O has not whispered a single word against the Petitioner so far as the present case is concerned.

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., Bhadrak in G.R.Case No.1892 of 2022 arising out of Tihidi P.S.Case No.300 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