Sk. Sadam Hussain v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.9259 of 2022 Sk.Sadam Hussain ....

Petitioner Mr. A.S.Paul, Advocate -versusState of Odisha ....

Opp. Party Mr. Sitikanta Mishra, 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.

5.

It is submitted by the learned counsel for the Petitioner that the Petitioner is no way connected with the alleged offence and the Petitioner is an innocent person and due to previous inimical relationship he has been falsely entangled in the present case only to harass and humiliate him. The witnesses examined during investigation have not whispered a single word against the present Petitioner.

6.

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

// 2 // event the Petitioner surrenders before the learned S.D.J.M., Khurda in G.R.case No.1147 of 2022 arising out of Khurda P.S.Case No.348 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 with further condition that the Petitioner shall not indulge in similar nature of offence while on bail. In the event it is found that he is indulged in similar nature of offence, this order shall automatically stand revoked. It is open for the court in seisin over the matter shall proceed in accordance with law.

6.

Accordingly, the ABLAPL is disposed of.

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

( A.K. Mohapatra) Judge RKS