Sagar Hati v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.10591 of 2022 Sagar Hati ....

Petitioner Mr. Jyotirmaya Sahoo, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

06.09.2022 Order No.

01.

1.

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

2.

Heard learned counsel for the Petitioner and learned Addl. Standing Counsel for the State.

3.

This is an application under Section 438, Cr.P.C. filed by the Petitioner for anticipatory bail, involving offence punishable under Sections 379/411/34, I.P.C. read with Section 12 of the OMPTS Act and Section 51 of the OMMC Rules.

4.

Considering the seriousness of the allegation, gravity of the offence and the facts of the case, although I am not inclined to grant anticipatory bail to the Petitioner, however it is observed that, in the event the Petitioner surrenders and moves for bail before the learned S.D.J.M., Khurda in G.R. Case No.1279 of 2022 corresponding to Jankia P.S. Case No.289 of 2022 within a period of three weeks from today, he shall be released on bail on such terms and conditions as the learned Magistrate may deem just and proper in the facts and

// 2 // circumstances of the case, but subject to furnishing cash security of Rs.5,000/- (Rupees Five Thousand) to the satisfaction of learned court in seisin over the matter.

While imposing conditions for bail, learned Magistrate shall also impose the following additional conditions - (i) The Petitioner shall appear before the I.O. and shall cooperate with the investigation as and when required; (ii) He shall not indulge in similar nature of criminal activities any further.

Violation of any of the conditions shall entail cancellation of bail of the Petitioner.

5.

The ABLAPL is disposed of accordingly.

6.

Urgent certified copy of this order be granted as per rules. (A.K. Mohapatra) Judge S.K.Parida