Jiten Kumar Mohanty v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.8847 of 2022 Jiten Kumar Mohanty ....

Petitioner Mr. S.N. Biswal, Advocate -versusState of Odisha ....

Opp. Party Mr. S. Mishra, 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 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. (Gen) Case No.211 of 2022, arising out of Puri Sadar P.S. Case No.126 of 2022 pending in the court of learned J.M.F.C.-cum-Grama Nyayadhikari, Puri for commission of offence punishable under Sections 420/467/468/471/379/294/506/34, I.P.C. 5.

It is submitted by learned counsel for the petitioner that the petitioner is the father of the principal accused, namely, Umakanta Mohanty. As per F.I.R., the principal accused had taken advance to sell the house to the informant and the same has not sold to the informant and fraudulently retain the money of the informant. It is

// 2 // further submitted by learned counsel for the petitioner that there is no allegation agains the petitioner.

6.

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 for bail 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 just and proper.

7.

Accordingly, the ABLAPL is disposed of.

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

( A.K. Mohapatra) Judge Jagabandhu