Sudarsan Jena v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.10713 of 2022 Sudarsan Jena ....

Petitioner Mr.Santosh Kumar Samantaraya, Advocate -versusState of Odisha ....

Opp. Party Mr.S.Mishra,A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

08.09.2022 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 the Petitioner has no nexus with the alleged crime, nor any specific materials have been collected during investigation so as to implicate him. He also submits that basing on co-accused statement, the Petitioner has been falsely implicated in the present case. It is also submitted by the learned counsel for the Petitioner that the Petitioner does not have similar nature of criminal antecedents. 5.

Considering the nature of allegations made, gravity of the

// 2 // offence and the facts of the case, I am not inclined to grant anticipatory bail to the Petitioner. However, it is directed that in the event the Petitioner surrenders before the learned J.M.F.C., Tangi in G.R.Case No.390 of 2022 arising out of Nirakarpur P.S.Case No.146 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, with further conditions that the Petitioner while on bail shall not indulge in similar nature of offence and shall cooperate with the investigation and appear before the I.O. as and when required and appear before the trial court on each and every date fixed. 6.

Accordingly, the ABLAPL is disposed of.

7.

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