Harihar Behera v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.10719 of 2022 Harihar Behera ....

Petitioners Mr. Pradipta Beura,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 allegation made in the F.I.R. is totally false and fabricated and based on concocted story. He also submits that the Petitioner has been falsely implicated in this case. It is also submitted by the learned counsel for the Petitioner that the Petitioner was neither present at the spot or anything was seized from the exclusive possession of the Petitioner.

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 S.D.J.M., Khurda in G.R.Case No.808 of 2018 arising out of Begunia P.S.Case No.148 of 2018 within a period of three weeks from today and move 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.5000/- (Rupees Five 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. 6.

Accordingly, the ABLAPL is disposed of.

7.

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