Aswini Kumar Pani v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.9036 of 2022 Aswini Kumar Pani and others ....

Petitioners Mr.Amit Kumar Nath, 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 Petitioners and the learned Additional Standing Counsel. Perused the records. 3.

This is an application under Section 438 Cr.P.C. filed by the Petitioners for anticipatory bail.

4.

It is submitted by the learned counsel for the Petitioners that the allegation made against them in the F.I.R. is shaky in nature and there is no convincing, clinching and unimpeachable legal material available against the present Petitioners to connect them in the alleged crime. It is also submitted by the learned counsel for the Petitioners that the informant with an ulterior motive has foisted this false case against the Petitioners.

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 Petitioners. However, it is directed that in the event the Petitioners surrender before the learned J.M.F.C., Banarpal in G.R.Case No.574 of 2022 arising out of NALCO Township P.S.Case No.134 of 2022 within a period of three weeks from today and move for bail, they shall be released on bail on such terms and conditions as would be deemed just and proper by the learned Magistrate.

6.

The ABLAPL is accordingly disposed of.

7.

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