Subash Behera v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.10295 of 2022 Subash Behera ....

Petitioner Mr. T. Pr. Mohapatra, 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 is seeking pre-arrest bail in connection with G.R. Case No.1591 of 2016, arising out of Brahmagiri P.S. Case No.155 of 2016 pending in the court of learned Nyayadhikari Gramanyayala, Brahmagiri for commission of offence punishable under Sections 341/323/324/307/354/294/506/34, I.P.C. 5.

It is submitted by learned counsel for the petitioner that on similar footing with the present petitioner, another co-accused person has already been released on bail by this Court in ABLAPL No.13325 of 2016 vide order dated 01.12.2016. 6.

Considering the nature of allegation, gravity of offence and

// 2 // 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