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Orissa High CourtABLAPL/9805/2022disposed off

Dala Das @ Dalapati Das v. State Of Odisha

2022-08-17Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.9805 of 2022 Dala Das @ Dalapati Das ....

Petitioner Mr. A.R.Panda,Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

17.08.2022 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 occurrence took place due to traffic jam on the road and the Petitioner is no way involved in the alleged crime. It is also submitted by the learned counsel for the Petitioner that on a reading of the F.I.R. as well as the statements of the witnesses, no prima facie case is made out against the Petitioner.

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.,®, Balasore in C.T.Case No. 569 of 2022 arising out of Remuna P.S. Case No.104 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 and subject to verification of injury report. 6.

Accordingly, the ABLAPL is disposed of.

7.

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