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Orissa High CourtABLAPL/10974/2022disposed off

Rinku Harijan v. State Of Odisha

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

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.10974 of 2022 Rinku Harijan ....

Petitioner Mr. Sachidananda Dash,Advocate -versusState of Odisha ....

Opp. Party Mr.S.Patra,A.S.C.

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 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 Petitioner is innocent and has been falsely implicated in the present case by the informant, who has lodged the present case only to harass the Petitioner. The Petitioner has not been named in the F.I.R. The Petitioner has been implicated in the present case on the basis of coaccused statement. 5.

Considering the nature of allegations made, gravity of the offence and the facts of the case, I am not inclined to grant

// 2 // anticipatory bail to the Petitioner. However, it is directed that in the event the Petitioner surrenders before the learned J.M.F.C., Laxmipur in G.R.Case No.333 of 2022 arising out of Kakriguma P.S.Case No.86 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 verification of recovery of stolen bike and further subject to verification of criminal antecedents of similar nature against the Petitioner.

6.

Accordingly, the ABLAPL is disposed of.

7.

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