Kalia Subudhi @ Jitendra Subudhi v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.9160 of 2022 Kalia Subudhi @ Jitendra Subudhi ....

Petitioner Mr. Dinesh Ku. Mohanty,Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

05.09.2022 03.

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 allegation has been made against unknown persons. So far as the present Petitioner is concerned, the Petitioner had given some information to the informant regarding purchase of bullock as the informant was interested to purchase a bullock from the village of the Petitioner. On such apprehension, the Petitioner has been implicated in the present case. It is further submitted by the learned counsel for the Petitioner that there is no incriminating material to connect the

// 2 // Petitioner in the present crime. He also submits that he does not have any such criminal antecedent.

5.

Considering the nature of allegations made, gravity of the offence and the facts 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.1420 of 2022 arising out of Penthakata Marine P.S.Case No.62 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, but subject to verification of criminal antecedent of similar nature. It is directed that the Petitioner while on bail shall cooperate with the investigation and appear before the I.O. as and when required. He shall appear before the trial court on each and every date fixed. 6.

Accordingly, the ABLAPL is disposed of.

7.

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