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Orissa High CourtABLAPL/10011/2022disposed off

Dhananjaya Mishra v. State Of Odisha

2022-08-23Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.10011 of 2022 Dhananjaya Mishra and others ....

Petitioners Mr. S.N. Mishra-4, Advocate -versusState of Odisha ....

Opp. Party Mr. M.K. Mohanty, 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 petitioners and learned Additional Standing Counsel for the State.

4.

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

5.

The petitioners are seeking pre-arrest bail in connection with C.T Case No.176 of 2022, arising out of Boden P.S. Case No.184 dated 30.07.2022 pending in the court of learned J.M.F.C., Boden for commission of offence punishable under Sections 419/420/384/ 506/34, I.P.C.

6.

Considering the nature of allegation, gravity of offence and the facts of the case, I am not inclined to grant anticipatory bail to the petitioners. However, it is directed that in the event the petitioners surrender and move an application for bail before the learned court in seisin over the matter within a period of three weeks from today, they shall be released on bail on such terms and conditions as would be

// 2 // deemed just and proper subject to condition that they shall furnish cash security of Rs.10,000/- (rupees ten thousand) each with further conditions that while on bail, he shall not indulge similar nature of criminal activities, they appear before the Police Station once in a week preferably on 'Sunday' in between 10.00 A.M. to 1.00 P.M. conclusion of investigation and he shall cooperate with the Investigating Officer and when required for the purpose of investigation besides other conditions would be imposed by the learned court below while releasing the petitioners on bail. Violation of any of the terms and conditions shall entail cancellation of bail.

7.

It is open for the learned court below, if the petitioners fail to appear in court, then the learned court below shall proceed against the petitioners in accordance with law.

8.

Accordingly, the ABLAPL is disposed of.

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

( A.K. Mohapatra) Judge Jagabandhu