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Orissa High CourtABLAPL/9721/2022disposed off

Rohit Tandi v. State Of Odisha

2022-08-16Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.9721 of 2022 Rohit Tandi ....

Petitioner Mr.Rakesh Ku. Mallick,Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

16.08.2022 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 has no complicity in the alleged crime and the entire case has been falsely foisted against him due to ulterior intention to humiliate him. It is also submitted by the learned counsel for the Petitioner that the mobile phone has already recovered from the coaccused and co-accused namely Sibu and Aniket Swain were arrested and released on bail by the learned 1st Additional Sessions Judge, Rourkela.

// 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., Panposh, Rourkela in G.R.Case No.926 of 2022 arising out of Chhend P.S.Case No.109 of 2022 within a period of three weeks from today and move 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 verification of criminal antecedents of similar nature. It is also directed that the Petitioner while on bail shall cooperate with the investigation and appear before the I.O. as and when required till conclusion of investigation and after conclusion of investigation shall appear before the trial court on each and every date of posting.

6.

Accordingly, the ABLAPL is disposed of.

7.

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