← Library
Orissa High CourtABLAPL/9095/2022disposed off

Ganesh Patra @ Pradip Kumar Patra v. State Of Odisha

2022-08-03Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.9095 of 2022 Ganesh Patra @ Pradip Kumar Patra ....

Petitioner Mr. H.N.Mohapatra, Advocate -versusState of Odisha ....

Opp. Party Mr. S.Patra, 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 F.I.R. has been lodged by the informant with false and concocted story. The Petitioner and the informant are known to each other due to their business transaction. It is also submitted by the learned counsel for the Petitioner that the Petitioner is an innocent person and no prima facie case is made out against the Petitioner. Co-accused has been released on bail by the order of the learned Sessions Judge, Puri.

// 2 // 5.

Considering the nature of allegations made, gravity of the 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 surrenders before the learned S.D.J.M., Puri in G.R.Case No.941 of 2022 arising out of Sea Beach P.S.Case No.98 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 criminal antecedent of similar nature against the Petitioner. It is also directed that the Petitioner shall not threaten, influence, harass and terrorise the informant in any manner whatsoever. Violation of condition shall entail cancellation of bail. 6.

Accordingly, the ABLAPL is disposed of.

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

( A.K. Mohapatra) Judge RKS