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Orissa High CourtABLAPL/10797/2022disposed off

Ratnakar Naik @ Ratnakar Nayak v. State Of Odisha

2022-09-12Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.10797 of 2022 Ratnakar Naik @ Ratnakar Nayak ....

Petitioner Mr. Suryakanta Dwibedi, 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 Section 379, I.P.C.

4.

Learned counsel for the Petitioner submits that the Petitioner has been taken on remand. On the basis of the confessional statement, he has been implicated in the present case. He further submits that the Petitioner has five more criminal antecedents of similar nature in his name.

5.

Considering such submission, 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

// 2 // observed that, in the event the Petitioner surrenders and moves for bail before the learned S.D.J.M., Rairakhol in G.R. Case No.100 of 2019 corresponding to Naktideul P.S. Case No.22 of 2019 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 the condition that the Petitioner shall appear before the I.I.C. of the concerned P.S. once in every week till conclusion of the investigation and thereafter he shall appear before the I.I.C. of the said P.S. once in every month till conclusion of the trial. Violation of the 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