Bailochana Nayak @ Kunu v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.9944 of 2022 Bailochana Nayak @ Kunu ....

Petitioner Mr.Susanta Kumar Nayak,Advocate -versusState of Odisha ....

Opp. Party Mr.M.K.Mohanty, A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

22.08.2022 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 present petitioner has not been named in the F.I.R. He further submits that the Petitioner has also not been named by any of the witnesses examined by the Police. However, it is submitted by the learned counsel for the Petitioner that the Petitioner is being harassed by the Police. Therefore, the Petitioner apprehends his arrest by the Police in connection with the present case.

5.

Considering the age of the Petitioner, the nature of allegations

// 2 // 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 event the Petitioner surrenders before the learned J.M.F.C.(R), Cuttack in G.R.Case No.1954 of 2022 arising out of Tangi P.S.Case No. 165 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 the aforesaid fact and subject to verification of criminal antecedents of the Petitioner. 7.

Accordingly, the ABLAPL is disposed of.

8.

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