Umakanta Hansda v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.10263 of 2022 Umakanta Hansda ....

Petitioner Mr. Anjan Kumar Biswal, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

30.08.2022 01.

1.

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2.

Heard learned counsel for the petitioner and learned Additional Standing Counsel for the State.

3.

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

4.

The petitioner seeking pre-arrest bail in connection with C.T. Case No.2591 of 2021, arising out of Khandagiri P.S. Case No.244 of 2021 pending in the court of learned S.D.J.M., Bhubaneswar for commission of offence punishable under Sections 294/323/419/ 420/506, I.P.C.

5.

It is submitted by leaned counsel for the petitioner that the principal allegation is against the co-accused Harish Chandra Behera @ Harish Behera, who is the proprietor of Gas Agency, has already been released on bail by this Court in ABLAPL No.1932 of 2022 vide order dated 11.08.2022 and the petitioner has been falsely

// 2 // implicated in the present case.

6.

Considering the nature of allegation, gravity of 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 and moves an application for bail before the learned court in seisin over the matter within a period of three weeks from today in the aforesaid case, he shall be released on bail on such terms and conditions as would be deemed just and proper. 7.

Accordingly, the ABLAPL is disposed of.

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

( A.K. Mohapatra) Judge Jagabandhu