Rajesh Kumar Maharana v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.9862 of 2022 Rajesh Kumar Maharana ....
Petitioner Mr. S. Senapati, Advocate -versusState of Odisha ....
Opp. Party Mr. S. Patra, 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 learned Additional Standing Counsel for the State.
3.
This is an application under Section 438, Cr.P.C. filed by the petitioner for anticipatory bail.
4.
The petitioner is seeking pre-arrest bail in connection with G.R. Case No.1000 of 2021, arising out of Udala P.S. Case No.354 of 2021 pending in the court of learned S.D.J.M., Udala for commission of offence punishable under Sections 392/34, I.P.C. 5.
It is submitted by learned counsel for the petitioner that the petitioner has not named in the F.I.R. He further submits that on the basis of the co-accused persons, the petitioner has been falsely implicated in the present case. It is also submitted by learned counsel for the petitioner that the petitioner does not have any criminal antecedents.
6.
Considering the nature of allegation, gravity of offence and the
// 2 // 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 and moves an application for bail before the learned court in seisin over the matter within a period of three weeks from today in the aforesaid case, he shall be released on bail on such terms and conditions as would be deemed just and proper. 7.
It is further directed that the bail granted to the petitioners is subject to the condition that learned court below shall verify whether the petitioners have any criminal antecedents of similar nature. In the event it is found that the petitioners have any criminal antecedents of similar nature, this bail order shall automatically stand revoked. 8.
Accordingly, the ABLAPL is disposed of.
Urgent certified copy of this order be granted on proper application.
( A.K. Mohapatra) Judge Jagabandhu