Biranchi Narayan Swain @ Biranchi Swain v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.9970 of 2022 Biranchi Narayan Swain @ Biranchi Swain ....

Petitioner Mr. Gyanaloka Mohanty,Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

05.09.2022 02.

1.

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

2.

Heard learned counsel for the Petitioner and the learned Additional 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 Petitioner and the informant are belonging to different political parties. He also submits that since there was dispute in last Panchayat Election, the informant in order to take revenge has filed the present false F.I.R. against the Petitioner.

5.

Considering the nature of allegations made, gravity of the offence and the facts of the case, I am not inclined to grant

// 2 // anticipatory bail to the Petitioner. However, it is directed that in the event the Petitioner surrenders before the learned S.D.J.M., Jagatsinghpur in G.R.Case no.316 of 2022 arising out of Jagatsinghpur P.S.Case No.134 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, but subject to furnishing a cash security of Rs.20,000/- (Rupees Twenty thousand) before the trial court and on furnishing the cash security, learned court shall deposit in a Nationalised Bank in an interest bearing account in the name of the court in seisin over the matter and shall be subject to final outcome of the present case.

6.

Accordingly, the ABLAPL is disposed of.

7.

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