Alok Mohanty v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.10548 of 2022 Alok Mohanty and another ....

Petitioners Mr.R.K.Mallick,Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

06.09.2022 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 due to previous enemity and civil dispute the present case has been foisted agaist the Petitioners. He also submits that there is inordinate delay in lodging 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.(S),

// 2 // Cuttack in G.R.Case No.877 of 2022 arising out of Dargha Bazar P.S.Case No.79 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, but subject to verification of criminal antecedents of similar nature against the Petitioners. In the event it is found that the Petitioner has more than one criminal antecedent of similar nature, then this order shall not be given effect to. 6.

Accordingly, the ABLAPL is disposed of.

7.

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