Samser Alli @ Samsher Ali @ S.Ali v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.10783 of 2022 Samser Alli @ Samsher Ali @ S. Ali ....

Petitioner Mr. Tirth Kumar Sahu, Advocate -versusState of Odisha ....

Opposite Party Mr. M.K. Mohanty, A.S.C.

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

12.09.2022 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 341/294/323/307/506/34, I.P.C. & 25/27 of Arms Act. 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., Sundargarh in G.R. Case No.1352 of 2022 corresponding to Sundargarh Town P.S. Case No.304 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 circumstances of the case, but subject to verification of

// 2 // Injury Report as well as Criminal Antecedents of the Petitioner. If the injuries caused to the injured are found to be grievous in nature, then this bail order shall stand automatically revoked. Similarly, if it is found that there is more than one criminal antecedent of similar nature against the present Petitioner, then also this bail order shall stand revoked automatically.

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