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Orissa High CourtABLAPL/8856/2022disposed off

Narayan Dora v. State Of Odisha

2022-08-11Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.8856 of 2022 Narayan Dora ....

Petitioner Mr. Lalit Sahu, Advocate -versusState of Odisha ....

Opposite Party Mr. P.C. Das, A.S.C.

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

11.08.2022 Order No.

02.

1.

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2.

Heard learned counsel for the Petitioner and learned Addl. Standing Counsel for the State.

3.

This is an application under Section 438, Cr.P.C. filed by the Petitioner for anticipatory bail, involving offence punishable under Sections 324/326/307/506/34, I.P.C.

4.

Learned counsel for the Petitioner submits that there is no criminal antecedent against the present petitioner. Further, on verification of the injury report, learned counsel for the State submits that the injuries are simple in nature. It is further submitted by learned counsel for the Petitioner that co-accused Suru Naik, Satyanarayana Naik and Tihili @ Tihilu Naik, who are in the similar footing with the present Petitioner, have already been released on

// 2 // bail by this Court, vide order dated 04.08.2022 passed in ABLAPL No.7974 of 2022.

5.

Considering the aforesaid facts and submission, nature of allegation and gravity of the offence, although I am not inclined to grant anticipatory bail to the Petitioner, however it is observed that, in the event the Petitioner surrenders before the learned S.D.J.M., Balangir in G.R. Case No.936 of 2022 corresponding to Puintala P.S. Case No.141 of 2022 within a period of three weeks from today, the Petitioner shall be released on bail on such terms and conditions as the learned Magistrate may deem just and proper in the facts and circumstances of the case, but subject to verification of criminal antecedents of the Petitioner. If it is found that there is more than one criminal antecedent against the Petitioner, then this bail order shall stand automatically revoked.

6.

The ABLAPL is disposed of accordingly.

7.

Urgent certified copy of this order be granted as per rules. (A.K. Mohapatra) Judge S.K.Parida