Mahanta Lal Gupta v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.9131 of 2022 Mahanta Lal Gupta ....

Petitioner Mr.Chiranjib Rout, Advocate -versusState of Odisha ....

Opp.Party Mr.M.K.Mohanty, A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

04.08.2022 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 in the F.I.R. are false, baseless and concocted one and the name of the Petitioner does not find place in the F.I.R. It is also submitted by the learned counsel for the Petitioner that no prima facie case is made out against the Petitioner. 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., Talcher in G.R.Case No.1443 of 2022 arising out of Colliery P.S.Case No.295 of 2022 within a period of three weeks from today and moves

// 2 // 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. In the event it is found that there is more than one antecedent, then this order shall stand revoked. The Petitioner is directed to furnish an undertaking to the effect that his vehicle shall not involve in similar nature of crime. In the event it is found that the vehicle is involved in similar nature of crime, then this order shall also stand revoked.

6.

The ABLAPL is accordingly disposed of.

7.

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