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Orissa High CourtABLAPL/9274/2022disposed off

Sk. Amir Alli @ Sk. Amir v. State Of Odisha

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

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.9274 of 2022 Sk.Amir Alli @ Sk.Amir ....

Petitioner Mr.Anoop Mishra, 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.

4.

It is submitted by the learned counsel for the Petitioner that the present Petitioner has been falsely implicated in the present case. Although on reading of the F.I.R. it appears that the present Petitioner was present at the spot. Further scrutiny of the F.I.R. reveals that the principal accused Sk.Raju and Sk.Juma have committed the crime. Both the aforesaid accused persons were apprehended and released on bail.

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 J.M.F.C.(O)

// 2 // Bhubaneswar in G.R. Case No.686 of 2019 arising out of Jatani P.S.Case No.203 of 2019 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.

6.

The ABLAPL is accordingly disposed of.

7.

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