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Orissa High CourtABLAPL/9346/2022disposed off

Durga Madhab Patra @ Aman Patra v. State Of Odisha

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

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.9346 of 2022 Durga Madhab Patra @ Aman Patra ....

Petitioner Mr. S.K. Baral, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

08.08.2022 01.

1.

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

2.

Learned counsel for the petitioner is permitted made necessary corrections so far as the father name of the petitioner is concerned in the cause title of the bail application in Court today. 3.

Heard learned counsel for the petitioner and learned Additional Standing Counsel for the State.

4.

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

5.

The petitioner is seeking pre-arrest bail in connection with G.R. Case No.3014 of 2021, arising out of Govindpur P.S. Case No.139 of 2021 pending in the court of learned J.M.F.C.(R) Cuttack for commission of offence punishable under Sections 425/294/323/ 325/506/34, I.P.C.

6.

Considering the nature of allegation, gravity of offence and the fact of the case, I am not inclined to grant anticipatory bail to the

// 2 // petitioner. However, it is directed that in the event the petitioner surrenders before the learned court in seisin over the matter within a period of three weeks from today in the aforesaid case, he shall be released on bail on such terms and conditions as would be deemed just and proper.

7.

It is further directed that the bail granted to the petitioner is subject to the condition that learned court below shall verify whether injuries sustained by the injured are grievous in nature. In the event it is found that the injury is grievous in nature, this bail order shall automatically stand revoked.

8.

Accordingly, the ABLAPL is disposed of.

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

Jagabandhu ( A.K. Mohapatra) Judge