Fakruddin Khan v. Union Of India

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.10861 of 2022 Fakruddin Khan ....

Petitioner Mr.Sk.Zafarulla,Advocate -versusUnion of India ....

Opp. Party Mr.P.S.Nayak, Senior Standing Counsel, Railway.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

12.09.2022 01.

1.

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2.

Heard learned counsel for the Petitioner and the learned Senior Standing Counsel for Railway. 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 been falsely implicated in the present case on the basis of co-accused statement. He also submits that the Petitioner has not been named in the F.I.R.

5.

Learned Senior Standing Counsel appearing for the Railway submits that the Petitioner has three numbers of criminal antecedent of similar nature.

// 2 // 6.

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 event the Petitioner surrenders before the learned S.D.J.M., Bhadrak in 2(C) Case No.1066 of 2022 arising out of RPF/Post/Bhadrak 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 cash security of Rs.10,000/- (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.

7.

Accordingly, the ABLAPL is disposed of.

8.

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