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Orissa High CourtABLAPL/10715/2022disposed off

Dharani Rajahansa v. State Of Odisha

2022-09-08Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.10715 of 2022 Dharani Rajahansa ....

Petitioners Mr. J.K.Panda,Advocate -versusState of Odisha ....

Opp. Party Mr.P.C.Das,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 basing on the statement of the co-accused the Petitioner has been implicated in the present case. He also submits that the allegations made in the F.I.R. are omnibus in nature and no incriminating material has been seized from the possession of the Petitioner. 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 Petitioner. However, it is directed that in the

// 2 // event the Petitioner surrenders before the learned S.D.J.M., Birmaharajpur in G.R.Case No.64 of 2022 arising out of Birmaharajpur P.S.Case No.23 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 furnishing a cash security of Rs.10000/- (Rupees Ten thousand) which shall be kept in any Nationalised Bank in an interest bearing account in the name of the court in seisin over the matter. It is also directed that the Petitioner while on bail shall not indulge in similar nature of offence and in the event it is found that the Petitioner is indulging in similar nature of offence, then this order shall stand revoked and it is open for the learned court below to proceed against the Petitioner in accordance with law.

6.

Accordingly, the ABLAPL is disposed of.

7.

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