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Orissa High CourtABLAPL/9948/2022disposed off

Kalim Khan v. State Of Odisha

2022-08-22Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.9948 of 2022 Kalim Khan and others ....

Petitioners Mr.Arijeet Mishra,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 Petitioners and the learned Additional Standing Counsel. Perused the records. 3.

This is an application under Section 438 Cr.P.C. filed by the Petitioners for anticipatory bail.

4.

It is submitted by the learned counsel for the Petitioners that the Petitioners are no way connected so far as the alleged allegations are concerned and not a single witness whispered anything against the present Petitioners. The allegations leveled against the Petitioners are omnibus in nature.

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 Petitioners. However, it is directed that in the

// 2 // event the Petitioners surrender before the learned J.M.F.C., Jajpur Road in C.T.Case No.1027 of 2022 arising out of Jajpur Road P.S.Case No. 413 of 2022 within a period of three weeks from today and move for bail, they 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 criminal antecedents of similar nature and verification of injury. It is also directed that the Petitioners while on bail shall not indulge in similar nature of offences and shall not threaten, influence, terrorise the informant in any manner whatsoever and shall also appear before the I.O. and cooperate with the investigation as and when required till filing of the charge sheet and after filing of the charge sheet they 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