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Orissa High CourtABLAPL/10054/2022disposed off

Amit Kumar Sahu v. State Of Odisha(Vig.)

2022-08-24Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.10054 of 2022 Amit Kumar Sahu ....

Petitioner Mr.J.K.Mahapatra,Advocate -versusState of Odisha(Vig.) ....

Opp. Party Ms.J.Tripathy,Standing Counsel for Vigilance

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 Standing Counsel for Vigilance. 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 the Petitioner is the son of the principal accused. He further submits that the principal accused has been arrested and is in custody. He further submits that the wife of the principal accused has been released on bail. Therefore, there is every apprehension that he may be arrested in connection with the present case.

// 2 // 5.

Learned Standing Counsel for Vigilance department submits that there is no allegation against the Petitioner. Therefore, there is no basis for any apprehension of arrest of the present Petitioner in the present case.

6.

Considering the nature of allegations made, gravity of the offence and the 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 before the learned Special Judge (Vigilance), Berhampur (GM) in G.R.Case No.09 of 2022 (V) arising out of Berhampur Vigilance P.S.Case No.13 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 cooperate with the investigation and shall appear before the I.O. as and when required. 6.

Accordingly, the ABLAPL is disposed of.

7.

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