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Orissa High CourtABLAPL/9384/2022disposed off

Pintu @ Khirod Kumar Mansingh v. State Of Odisha

2022-08-17Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.9384 of 2022 Pintu @ Khirod Kumar Mansingh ....

Petitioner Mr.Ajit Kumar Panda,Advocate -versusState of Odisha ....

Opp. Party Mr.S.Mishra,A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

17.08.2022 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 is an innocent person of the locality having no criminal antecedent. The Petitioner is the owner of the Mini Truck. It is also submitted by the learned counsel for the Petitioner that there was no such occurrence as described in the F.I.R. The prosecution has falsely implicated the Petitioner. The Petitioner is no way involved in this false and fabricated case created by the prosecution and only to

// 2 // harass the Petitioner this false case has been foisted against the Petitioner.

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., Khordha in G.R.Case No.1237 of 2022 arising out of Bolagarh P.S.Case No.189 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 and subject to the verification of criminal antecedents of similar nature. It is also directed that the Petitioner while on bail shall not indulge in similar type of offence. Violation of condition shall entail cancellation of bail.

6.

Accordingly, the ABLAPL is disposed of.

7.

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