Saroj Kumar Behera v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.10557 of 2022 Saroj Kumar Behera and another ....
Petitioners Mr.Amit Prasad Bose, Advocate -versusState of Odisha ....
Opp. Party Mr.M.K.Mohanty, 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 they are the owner of the vehicle. It is contended by the learned counsel for the Petitioners that the vehicles were given on hire to some agency. Further, it is submitted by the learned counsel for the Petitioners that they do not have similar nature of criminal antecedents.
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
// 2 // event the Petitioners surrender before the learned J.M.F.C., Barbil in G.R.Case No.660 of 2022 arising out of Bolani P.S.Case No.42 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 antecedent of similar nature against the Petitioners. It is further directed that the Petitioners while on bail shall cooperate with the investigation and appear before the I.O. as and when required and shall furnish an undertaking that while on bail neither the Petitioners nor the vehicle shall be indulged in similar nature of offence. 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