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Orissa High CourtABLAPL/10366/2022disposed off

Kalipada Singh v. State Of Odisha

2022-09-05Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.10366 of 2022 Kalipada Singh and others ....

Petitioners Mr.Sapan Kumar Pal, Advocate -versusState of Odisha ....

Opp. Party Mr.P.C.Das, A.S.C..

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

05.09.2022 01.

1.

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

2.

Heard learned counsel for the Petitioners and the learned Additional Standing Counsel. Perused the records. 3.

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

4.

It is submitted by the learned counsel for the Petitioners that the Petitioners have been falsely implicated in the present case. It is further submitted by the learned counsel for the Petitioners that the Petitioners have not been named in the F.I.R. 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 Petitioners. However, it is directed that in the event the Petitioners surrender before the learned S.D.J.M., Baripada in C.T.Case No. 535 of 2022 arising out of Jharpokharia P.S.Case

// 2 // No.77 of 2022 within a period of three weeks from today and move for bail, they shall be released on bail on such terms and conditions as would be deemed just and proper by the learned Magistrate with further conditions that the Petitioners while on bail shall not indulge in similar nature of offence. They shall appear before the I.I.C., Jharpokharia P.S. once in a week preferably on Sunday between 10 A.M. to 1 P.M. till conclusion of trial. They shall appear before the trial court on each and every date fixed. Violation of conditions 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