Gouranga Bhola v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.9747 of 2022 Gouranga Bhola ....

Petitioner Mr.Sanjib Kumar Bhanjadeo,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 two cases have been filed for the self same occurrence. So far as the first case is concerned, learned court below has taken cognizance. The present dispute arises out of a civil dispute in respect of which there is civil dispute pending between the parties. So far as the present Petitioner is concerned, he is a witness to the sale deed. 5.

Considering the nature of allegations made, gravity of the offence and the fact of the case, I am not inclined to grant

// 2 // anticipatory bail to the Petitioner. However, it is directed that in the event the Petitioner surrenders before the learned J.M.F.C., Banpur in C.T.Case No.424 of 2021 arising out of Banpur P.S.Case No.472 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 cooperate with the investigation and shall appear before the I.O. as and when required for the purpose of investigation till conclusion of investigation and after conclusion of investigation shall appear before the trial court on each and every date fix ed. Violation of condition 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