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Orissa High CourtABLAPL/9375/2022disposed off

Kailas Das v. State Of Odisha

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

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.9375 of 2022 Kailas Das ....

Petitioner Mr.Jyotirmaya Sahoo, Advocate -versusState of Odisha ....

Opp.Party Mr.P.K.Rout, A.G.A.

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.

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 and the informant belong to same village and the present occurrence was taken place out of previous dispute. It is further submitted by the learned counsel for the Petitioner that the allegations against the Petitioner are omnibus in nature. 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., Kabisuryanagar in G.R.Case No.282 of 2022 arising out of Kabisuryanagar P.S.Case No.287 of 202 within a period of three

// 2 // 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 and subject to verification of injury. In the event it is found that the injuries are grievous in nature, then this order shall stand revoked..

6.

The ABLAPL is accordingly disposed of.

7.

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