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Orissa High CourtABLAPL/9395/2022disposed off

Tapas Kumar Maharana v. State Of Odisha

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

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.9395 of 2022 Tapas Kumar Maharana ....

Petitioner Mr. H.S.Panda, 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 principal accused Bijay Kumar Nayak, as per the allegation in the F.I.R. money of Rs.34,000/- was handed over to said Bijay Kumar Nayak by the informant, who assured of a job by other institution which was managed by the said Bijoy Kumar Nayak, the Petitioner and many others. Further, learned counsel for the Petitioner submits that money was handed over to the principal accused Bijay Kumar Nayak and he has taken the money from the informant. 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., Bhawanipatna in C.T.Case No.1258 of 2021 arising out of Bhawanipatna Town P.S.Case No.450 of 2021 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 appear before the concerned P.S. once in a fortnight preferably on Sunday between 10 A.M. to 1 P.M. till conclusion of investigation.

6.

Accordingly, the ABLAPL is disposed of.

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

( A.K. Mohapatra) Judge RKS