Bibekananda Jena v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.9102 of 2022 Bibekananda Jena ....

Petitioner Ms.Aditi Hota, 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 Petitioner is an innocent person and has no nexus in this case and he has been implicated in this case as he is the owner of the vehicle. 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., Karanjia in C.T.Case No.316 of 2022 arising out of Karanjia P.S.Case No.194 of 2022 within a period of three weeks from today and moves for

// 2 // 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. It is also directed that the Petitioner while on bail shall furnish an undertaking before the court below that he will ensure that the vehicle shall not be used in similar type of offence in future. Violation of condition shall entail cancellation of bail.

6.

Accordingly, the ABLAPL stands disposed of.

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

( A.K. Mohapatra) Judge RKS