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Orissa High CourtABLAPL/10060/2022disposed off

Abhay Charan Chhotaray v. State Of Odisha

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

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.10060 of 2022 Abhaya Charan Chhotaray ....

Petitioner Mr.Jyotirmaya Sahoo,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 Petitioner and the learned Additional Government Advocate. 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 Petitioner has no criminal antecedents of similar nature. He further submits that no prima facie case is made out against the Petitioner. 5.

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 S.D.J.M., Khurda

// 2 // in G.R.Case No.1195 of 2022 arising out of Jankia P.S.Case No.266 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 Magistrate and subject to verification of criminal antecedents of similar nature against the Petitioner. It is also directed that the Petitioner while on bail shall not indulge in similar nature of offence and 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