Sekhar Barik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.10006 of 2022 Sekhar Barik ....

Petitioner Mr. S.S. Ray-2, Advocate -versusState of Odisha ....

Opp. Party Mr. S. Patra, A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

23.08.2022 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.711 of 1993, arising out of Kanas P.S. Case No.32 of 1993 pending in the court of learned S.D.J.M., Puri for commission of offence punishable under Sections 436/380/323/34, I.P.C. 5.

It is submitted by learned counsel for the petitioner some of the co-accused persons have already been released on bail by this Court. It is further submitted by learned counsel for the petitioner that although the communication gap, the petitioner could not avail benefit of the order passed in CRLMC No.1554 of 2015 vide order dated 08.04.2015.

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 with further conditions that the petitioner shall not default in attendance of the court during trial on each date of posting.

Violation of any of the terms and conditions shall entail cancellation of bail.

7.

Accordingly, the ABLAPL is disposed of.

Urgent certified copy of this order be granted on proper application.

( A.K. Mohapatra) Judge Jagabandhu