Ashok Kumar Shaw v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.10379 of 2022 Ashok Kumar Shaw ....

Petitioner Mr.Bidyalok Mohapatra, 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 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 one of the co-accused namely, Prakash Sahoo has already been released on bail by this Court in ABLAPL No.2019 of 2022. He further submits that the Petitioner stands in similar footing with that of co-accused Prakash Sahoo. It is also submitted by the learned counsel for the Petitioner that the Petitioner has been implicated on the basis of co-accused statement.

5.

Considering the nature of allegations made, gravity of the offence and the facts of the case, I am not inclined to grant

// 2 // anticipatory bail to the Petitioner. However, it is directed that in the event the Petitioner surrenders before the learned S.D.J.M., Talcher in G.R.Case No.177 of 2022 arising out of Colliery P.S.Case No.39 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, but subject to verification of criminal antecedent of similar nature. In the event it is found that the Petitioner has more than one criminal antecedent, then this order shall not be given effect to. It is also directed that the Petitioner while on bail shall cooperate with the investigation and appear before the I.O. as and when required. The Petitioner while on bail shall not indulge in similar nature of offence. He shall also 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