Md. Banti v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.9739 of 2022 Md.Banti ....

Petitioner Mr. Arun Ku. Mishra,Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

16.08.2022 02.

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 allegations against the Petitioners are all false and due to pressure, the helper has stated the names of the Petitioners. It is also submitted by the learned counsel for the Petitioners that the Petitioners have no criminal antecedents.

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

// 2 // event the Petitioners surrender before the learned J.M.F.C.(R), Rourkela in G.R.Case No.574 of 2022 arising out of Bandamunda P.S.Case No.119 of 2022 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 and subject to verification of criminal antecedent of similar nature. It is also directed that the Petitioners while on bail shall not indulge in similar nature offence. In the event it is found that the Petitioners are indulging in similar nature of offence then this order shall stand revoked and it is open for the learned court below to proceed in accordance with law.

6.

Accordingly, the ABLAPL is disposed of.

7.

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