Sunil @ Chanti @ Chati Patikar v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.9027 of 2022 Sunil @ Chanti @ Chati Patikar ....

Petitioner Mr.Sachidananda Padhee, Advocate -versusState of Odisha ....

Opp.Party Mr.Sitikanta Mishra, A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

03.08.2022 01.

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 allegations made against the Petitioner are false, baseless and concocted. It is also submitted by the learned counsel for the Petitioner that due to previous enmity in Panchayat Election the present case has been foisted and the Petitioner has no previous criminal antecedents. He also contends that the injuries sustained by the victim are simple in nature.

5.

Considering the nature of allegations made, gravity of the offence and the fact 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 S.D.J.M., Bargarh in C.T.Cse no.638 of 2022 arising out of Ambabhana P.S.Case no.93 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 and subject to verification of injury. In the event it is found that the injuries are grievous then this order shall stand revoked and it is open for the learned court in seisin over the matter shall proceed in accordance with law.

6.

The ABLAPL is accordingly disposed of.

7.

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