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Orissa High CourtABLAPL/10976/2022disposed off

Muna Behera v. State Of Odisha

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

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.10976 of 2022 Muna Behera & others ....

Petitioners Mr. Bidhu Bhusan Mohapatra,Advocate -versusState of Odisha ....

Opp. Party Mr.P.C.Das,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 Petitioners and the learned Additional Standing Counsel. Perused the records. 3.

This is an application under Section 438 Cr.P.C. filed by the Petitioners for anticipatory bail.

4.

It is submitted by the learned counsel for the Petitioners that on the basis of confessional statement of co-accused persons, the Petitioners have been implicated. He also submits that the Petitioner Nos.1,2 & 3 do not have criminal antecedent of similar nature and the Petitioner No.4 has one similar nature of criminal antecedent. 5.

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

// 2 // event the Petitioners surrender before the learned J.M.F.C., Tigiria in C.T.Case No.158 of 2022 arising out of Tigiria P.S.Case No.165 of 2022 within a period of three weeks from today and move for bail, they 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 a cash security of Rs.5000/- (Rupees Five thousand) by the Petitioner No.4, which shall be kept in any Nationalised Bank in an interest bearing account in the name of the court in seisin over the matter. It is also directed that the Petitioners while on bail shall cooperate with the investigation and appear before the I.O as and when required and shall appear before the trial court on each and every date fixed. Violation of any conditions shall entail cancellation of bail.

6.

Accordingly, the ABLAPL is disposed of.

7.

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