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Orissa High CourtABLAPL/9269/2022disposed off

Bishnu Rout v. State Of Odisha

2022-08-04Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.9269 of 2022 Bishnu Rout ....

Petitioner Mr. S.P. Dash, 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 learned Additional Standing Counsel for the State.

3.

This is an application under Section 438, Cr.P.C. filed by the petitioner for anticipatory bail.

4.

The petitioner is seeking pre-arrest bail in connection with C.T. Case No.578 of 2022, arising out of Khaira P.S. Case No.149 of 2022 pending in the court of learned J.M.F.C., Soro for commission of offences punishable under Sections 341/294/323/354/354B/332/353/506/34 of I.P.C. 5.

Considering the nature of allegations and gravity of offence and the fact of the case, I am not inclined to grant anticipatory bail to the petitioner. However, it is observed that, in the event the petitioner surrenders before the learned court in seisin over the matter within a period of three weeks from today, the petitioner shall be released on

// 2 // bail on such terms and conditions as the learned Magistrate may deem fit and proper.

6.

Further, learned Court in seisin over the matter shall also impose one condition that while on bail the petitioner shall not threaten, terrorize and influence the informant and his family members in any manner whatsoever. Further in the event, it is found that the petitioner is threatening, terrorizing and influencing the informant and his family members, then this order shall automatically stand revoked. It is open for the Court in seisin over the matter to proceed in accordance with law.

7.

Accordingly, the ABLAPL is disposed of.

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

( A.K. Mohapatra) Judge subhasmita