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Orissa High CourtABLAPL/9300/2022disposed off

Madhabananda Malik v. State Of Odisha

2022-08-05Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.9300 of 2022 Madhabananda Malik ....

Petitioner Mr.Bidesh Ranjan Behera, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

05.08.2022 01.

1.

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2.

Mr.Sarada Prasad Dash, learned counsel enters appearance on behalf of the Petitioner by filing Vakalatnama in court today. 3.

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 Petitioner is the father-in-law of the informant. The allegations made in the F.I.R. are all false and fabricated and have been made only to entangle the present Petitioner in a false criminal case. 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., Jajpur in C.T.Case No.1267 of 2022 arising out of Ramachandrapur P.S.Case

// 2 // No.157 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 threaten, influence, harass and terrorise the informant and his family members. In the event it is found that the Petitioner is indulged in such type of offence, it is open for the trial court to proceed in accordance with law.

6.

The ABLAPL is accordingly disposed of.

7.

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