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Orissa High CourtABLAPL/10924/2022disposed off

Bhola @ Roshan Singh v. State Of Odisha

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

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.10924 of 2022 Bhola @ Roshan Singh ....

Petitioner Mr. Sachidananda Padhee, 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 379, I.P.C.

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., Sambalpur in G.R. Case No.3038 of 2022 corresponding to Ainthapali P.S. Case No.452 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 the Petitioner depositing

// 2 // cash security of Rs.10,000/- (Rupees Ten Thousand) to the satisfaction of the learned court in seisin over the matter. While imposing conditions for bail, learned Magistrate shall also impose the following additional conditions - (i) While on bail, the Petitioner shall not indulge in any other offence of similar nature in any manner whatsoever;

(ii) He shall appear before the I.O. and shall cooperate with the investigation as and when required.

Violation of 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