Tapas Kumar Maharana v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.8989 of 2022 Tapas Kumar Maharana ....

Petitioner Mr. Himanshu Sekhar Panda, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

03.08.2022 Order No.

01.

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 420/417/342/346/506/34, I.P.C.

4.

Learned counsel for the Petitioner submits that the Petitioner is ready and willing to return the amount of Rs.5000/- to the Informant, he has taken.

5.

Considering such submission, nature of allegation, gravity of the offence and facts of the case, although I am not inclined to grant anticipatory bail to the Petitioner, however it is observed that, in the event the Petitioners surrender before the learned S.D.J.M., Bhawanipatna in C.T. No.1235 of 2021 corresponding to

// 2 // Bhawanipatna Town P.S. Case No.438 of 2021 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, subject to verification of the criminal antecedents of the Petitioner. If it is found that there are more than one criminal antecedent against the Petitioner, then this bail order shall stand automatically revoked. This bail order is also subject to the condition that the Petitioner shall return the sum of Rs.5,000/- (rupees five thousand) to the Informant. 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