Deepak @ Dipak Naik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.9394 of 2022 Deepak @ Dipak Naik ....

Petitioner Mr. A.K.Nath, 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 is no way connected in the alleged crime and there is long standing political rivalry between the Petitioner and the informant, who is being influenced by the ruling political leader lodged this false and fabricated case against the present Petitioner only to harass and humiliate him. It is contended that co-accused Amit @ Athani Naik and Dikh @ Bika Naik have already been released on bail by order dated 22.07.2022 passed in ABLAPL No.9913 of 2022. 5.

Considering the nature of allegations made, gravity of the

// 2 // 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., Dhenkanal in G.R.Case No.771 of 2022 arising out of Dhenkanal Town P.S.Case No.354 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 cause any harassment to the informant and his family members in any manner whatsoever.

6.

Accordingly, the ABLAPL is disposed of.

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

( A.K. Mohapatra) Judge RKS