Dr. Chaitanya Charan Das v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.10264 of 2022 Dr. Chaitanya Charan Das ....

Petitioner Mr. R.N. Singh, 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 G.R. Case No.1665 of 2019, arising out of Markat Nagar P.S. Case No.174 of 2019 pending in the court of learned S.D.J.M.(S), Cuttack for commission of offence punishable under Sections 420/506/34, I.P.C.

5.

It is submitted by leaned counsel for the petitioner that the principal accused, namely, Mohan Behera has already been released on bail by this Court in ABLAPL No.15720 of 2019 vide order dated 27.09.2021. He further submits that in the meantime, some money has been returned to the informant by the petitioner.

// 2 // 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 with further conditions that :- I.

The petitioner shall cooperate with the Investigating Officer as and when required for the purpose of investigation;

II.

he shall not default in attendance of the court during trial on each date of posting; and III.

while on bail, he shall not threaten, harass and terrorize the informant and her /his family members in any manner whatsoever;

Violation of any of the terms and conditions shall entail cancellation of bail.

7.

Accordingly, the ABLAPL is disposed of.

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

( A.K. Mohapatra) Judge Jagabandhu