Arun Kumar Patnaik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.9950 of 2022 Arun Kumar Patnaik ....

Petitioner Mr.Jyotirmaya Sahoo,Advocate -versusState of Odisha ....

Opp. Party Mr.P.C.Das, A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

22.08.2022 02.

1.

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2.

Heard learned counsel for the Petitioner and the learned Additional Government Advocate. 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 Petitioner has neither been named in the F.I.R. nor he has been shown as an accused in the F.I.R. Basing on some co-accused statement he is being implicated in this case. The materials collected so far during investigation do not make out a prima facie case against the Petitioner. Further, co-accused Kuni Patra has been released on bail by this Court in ABLAPL No. 8949 of 2022.

// 2 // 5.

Considering the nature of allegations made, gravity of the offence and the facts 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 S.D.J.M., Berehampur in G.R.Case No.1229 of 2022 arising out of Gopalpur P.S.Case No.107 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 with further conditions that the Petitioner while on bail shall cooperate with the investigation and appear before the I.O. as and when required for the purpose of investigation and shall appear before the trial court on each and every date fixed. Violation of any conditions shall entail cancelation 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