Rahul Mahammed v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.9078 of 2022 Rahul Mahammed ....

Petitioner Mr. A.K. Jena, Advocate -versusState of Odisha ....

Opp. Party Mr. P.K. Rout, A.G.A.

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 learned Additional Standing Counsel for the State.

3.

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

4.

The petitioner is seeking pre-arrest bail in connection with G.R. Case No.359 of 2022, arising out of Jatni P.S. Case No.200 of 2022 pending in the court of learned J.M.F.C., Jatni for commission of offence punishable under Section 363, I.P.C. 5.

Referring to the statement of the victim recorded under Section 164, Cr.P.C., learned counsel for the petitioner submits that the victim had gone to her uncle's house out of her own volition and nobody had kidnapped her. It is further submitted learned counsel for the petitioner that the petitioner has been falsely implicated in the present case.

// 2 // 6.

Considering the nature of allegation, gravity of offence and the fact of the case, I am not inclined to grant anticipatory bail to the petitioner. However, it is directed that in the event the petitioner surrender before the learned court in seisin over the matter within a period of three weeks from today in the aforesaid case, he shall be released on bail on such terms and conditions as would be deemed just and proper.

7.

Accordingly, the ABLAPL is disposed of.

Urgent certified copy of this order be granted on proper application.

( A.K. Mohapatra) Judge Jagabandhu