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Orissa High CourtABLAPL/9682/2022disposed off

Sahid Quaderi Khan @ Sahid Kadri Khan v. State Of Odisha

2022-08-12Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.9682 of 2022 Sahid Quaderi Khan @ Sahid Kadri Khan ....

Petitioner Mr. S.R.Mohapatra ,Advocate -versusState of Odisha ....

Opp. Party Mr.M.K.Mohanty, A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

12.08.2022 02.

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 present Petitioner is no way connected so far as the allegation is concerned and the present case has been falsely foisted against the Petitioner in order to harass him. It is also submitted by the learned counsel for the Petitioner that the allegations made in the F.I.R and the statements of the witnesses recorded by the Police under Section 161 Cr.P.C. do not make out a prima facie case against the Petitioner.

// 2 // 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., Bhadrak in G.R.Case No.2086 of 2022 arising out of Puruna Bazar P.S.Case No.184 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 while on shall cooperate with the investigation and shall appear before the I.O. as and when required for the purpose of investigation and after completion of investigation shall appear before the trial court on each and every date fixed. Violation of conditions 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