Gadadhar Samantaray v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.10056 of 2022 Gadadhar Samantaray and another ....
Petitioners Mr.Manas Kumar Chand,Advocate -versusState of Odisha ....
Opp. Party Mr.M.K.Mohanty, 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 Petitioners and the learned Additional Government Advocate. Perused the records. 3.
This is an application under Section 438 Cr.P.C. filed by the Petitioners for anticipatory bail.
4.
It is submitted by the learned counsel for the Petitioners that the allegations made in the F.I.R. are false and concocted one and the same has been lodged with an ulterior motive to harass the Petitioners. He also submits that the Petitioners have no criminal antecedents of similar nature. He further submits that no prima facie case is made out against the Petitioners.
5.
Considering the nature of allegations made, gravity of the
// 2 // offence and the facts and circumstances 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 before the learned S.D.J.M. Khurda in G.R.Case No.1261 of 2022 arising out of Begunia P.S.Case No.194 of 2022 within a period of three weeks from today and move for bail, they shall be released on bail on such terms and conditions as would be deemed just and proper by the learned Magistrate. It is also directed that at the time of releasing the Petitioner on bail, learned court shall direct the Petitioner No.2 to furnish a cash security of Rs.5,000/- (Rupees five thousand) and the said amount shall be deposited in the name of the court in seisin over the matter in a Nationalised Bank in an interest bearing account and the same shall be subject to final outcome of the trial. 6.
Accordingly, the ABLAPL is disposed of.
7.
Issue urgent certified copy of this order as per Rules. ( A.K. Mohapatra) Judge RKS