Krishna @ Krishna Samal v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.8815 of 2022 Krishna @ Krishna Samal ....

Petitioner Mr. A.R.Panda, 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 delay in lodging the F.I.R. has not been explained by the informant. It is also submitted by the learned counsel for the Petitioner that the Petitioner has not assaulted the informant and only because the Petitioner opposed the illegal activities of the informant in his educational institution this case has been foisted against the Petitioner. On bare reading of the F.I.R. as well as the statements of the witnesses no prima facie case is made out 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

// 2 // anticipatory bail to the Petitioner. However, it is directed that in the event the Petitioner surrenders before the learned S.D.J.M., Balasore in C.T..Case No.550 of 2022 arising out of Balasore Town P.S.Case No.136 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 injury and 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