Md Kazim @ Gora v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.9001 of 2022 Md. Kazim @ Gora ....

Petitioner Mr. S.K. Bhanjadeo, Advocate -versusState of Odisha ....

Opposite Party Mr. Sitikant Mishra, 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 379/34, I.P.C. read with Section 51 of Orissa Minor Minerals Concession Rules, 2004.

4.

Considering the 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 Petitioner surrenders before the learned S.D.J.M., Khurda in G.R. Case No.1034 of 2022 corresponding to Khurda P.S. Case No.299 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

// 2 // of the case, but subject to verification of criminal antecedents of the Petitioner. If it is found that there is more than one criminal antecedents against the Petitioner, then this bail order shall stand automatically revoked. Further, while imposing conditions for bail, the learned court below shall also add the condition whereby the Petitioner, while on bail, shall not indulge in similar activities in any way. Violation of any of the conditions shall entail cancellation of bail of the Petitioner.

5.

The ABLAPL is disposed of accordingly.

6.

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