Prasanta Khosla v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.10040 of 2022 Prasanta Khosla ....

Petitioner Mr.Ramakanta Panda,Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

24.08.2022 01.

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 principal accused is Pitar Bhatra. So far as the present Petitioner is concerned, it is submitted by the learned counsel for the Petitioner that the Petitioner has only assisted the principal accused. However, on a perusal of the F.I.R. it appears that there is no allegation against the present petitioner.

5.

Considering the nature of allegations made, gravity of the offence and the fact 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 Additional Sessions Judge-cum-Special Judge, Jeypore in G.R.Case No.615 of 2022 arising out of Koraput Town P.S.Case No.166 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 Special Judge with further condition that the Petitioner while on bail shall not threaten, influence, terrorise or harass the victim and her family members in any manner whatsoever. In the event it is found that the Petitioner is indulging such activities then this order shall stand revoked. It is open for the learned trial court to proceed against the Petitioner and taken him to custody.

The Petitioner is also while on bail shall cooperate with the investigation and shall appear before the I.O. as and when required till the completion of investigation and after investigation the Petitioner shall appear before the trial court on each and every date fixed. Violation of any conditions 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