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Orissa High CourtABLAPL/10297/2022disposed off

Nilambar Naik v. State Of Odisha

2022-08-30Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.10297 of 2022 Nilambar Naik ....

Petitioner Mr.J.K.Panda, Advocate -versusState of Odisha ....

Opp. Party Mr.S.Patra, 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 the learned Additional Standing Counsel. 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 allegations made against the Petitioner are totally false and baseless. He also submits that the informant has lodged the F.I.R. against the Petitioner in order to harass the Petitioner. It is also submitted by the learned counsel for the Petitioner that the allegations against the Petitioner are omnibus in nature.

5.

Considering the nature of allegations made, gravity of the offence and the facts of the case, I am not inclined to grant anticipatory bail to the Petitioner. However, it is directed that in the

// 2 // event the Petitioner surrenders before the learned S.D.J.M., Boudh in C.T.Case No.255 of 2022 arising out of Baunsuni P.S.Case No.69 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 subject to verification of criminal antecedent of similar nature against the Petitioner. In the event it is found that the Petitioner has more than one criminal antecedent then this order shall stand revoked. It is further directed that the Petitioner while on bail shall cooperate with the investigation and appear before the I.O. as and when required. He shall not indulge in similar nature of offence while on bail. Violation of condition shall entail cancellation of bail. 6.

Accordingly, the ABLAPL is disposed of.

7.

Issue urgent certified copy of this order as per Rules. ( A.K. Mohapatra) Judge RKS