Ashutosh Prasad Sahu v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.8952 of 2022 Ashutosh Prasad Sahu ....

Petitioner Mr.Arijeet Mishra, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

30.08.2022 02.

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 allegation made in the F.I.R. is against the principal accused namely, Sanjay Kumar Nayak. It is specifically alleged that the cheque was handed over to the principal accused. So far as the present Petitioner is concerned, the present Petitioner is an associate of the said principal accused. Further, no specific allegation has been made against the Petitioner in the F.I.R.

5.

Considering the nature of allegations made, gravity of the offence and the facts 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 J.M.F.C., Banarpal in G.R.Case No.737 of 2022 arising out of Nalco Township P.S.Case No.166 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 but subject to verification of criminal antecedent. It is directed that the Petitioner while on shall shall cooperate with the investigation and appear before the I.O. as and when required. He shall appear before the trial court on each and every date fixed. Violation of conditions shall entail cancellation of bail.

6.

Accordingly, the ABLAPL is disposed of.

7.

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