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Orissa High CourtABLAPL/9828/2022disposed off

Kala Khan @ Mustak Khan v. State Of Odisha

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

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.9828 of 2022 Kala Khan @ Mustak Khan ....

Petitioner Mr.A.S.Paul,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 money has been taken by one Sahil Khan, who is the principal accused in this case. Further learned counsel for the Petitioner submits that co-accused Fika alias Satyajit Mohapatra has been released on bail.

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

// 2 // event the Petitioner surrenders before the learned S.D.J.M., Khurda in G.R.Case No.1194 of 2022 arising out of Khurda P.S.Case No.356 of 2022 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 with further conditions that the Petitioner while on bail shall cooperate with the investigation and shall appear before the I.O. as and when required till completion of investigation and after completion of investigation shall appear before the trial court on each and every date fixed. 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