← Library
Orissa High CourtABLAPL/9386/2022disposed off

Jayantanath Dalabehera v. State Of Odisha

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

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.9386 of 2022 Jayantanath Dalabehera & others ....

Petitioners Mr. Amitav Tripathy, 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 Petitioners and the learned Additional Standing Counsel. Perused the records. 3.

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

4.

It is submitted by the learned counsel for the Petitioners that the Petitioners are innocent having no nexus with the alleged offence and there is no material available against the Petitioners to rope them in the alleged crime. The Petitioners had no knowledge about the registration of the case against them though the case was registered in the year 1997. They came to know about the case when Police searched them recently pursuant to the N.B.W. issued on 10.03.2022. It is also contended that the entire case of the prosecution is false and concocted and has been foisted with mala fide intention to harass the

// 2 // Petitioners.

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 Petitioners. However, it is directed that in the event the Petitioners surrender before the learned J.M.F.C., Daspalla in G.R.Case No.61 of 1997 arising out of Daspalla P.S.Case No.48 of 1997 within a period of three weeks from today and move for bail, they 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 Petitioners shall appear before the trial court on each and every date fixed. Violation of condition shall entail cancellation of bail.

6.

Accordingly, the ABLAPL is disposed of.

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

( A.K. Mohapatra) Judge RKS