Munif Khan v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.11075 of 2022 Munif Khan ....

Petitioner Mr. Kalpataru Mishra, Advocate -versusState of Odisha ....

Opposite Party Mr. M.K. Mohanty, A.S.C.

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

13.09.2022 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 294/323/354/341/379/427/506/34, I.P.C. 4.

It is submitted by learned counsel for the Petitioner that civil dispute is going on between the parties, and since the Informant failed to obtain an injunction order against the Petitioner in the civil suit, the Informant has filed this criminal case to put pressure on the Petitioner. He further submits that the Petitioner does not have any other criminal antecedent except the present one. 5.

Considering such submission, seriousness of the allegation, gravity of the offence and the facts of the case, although I am not

// 2 // 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 J.M.F.C., Salipur in G.R. Case No.690 of 2020 corresponding to Nischintakoili P.S. Case No.123 of 2020 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 verification of Criminal Antecedents of the Petitioner. If it is found that there is more than one criminal antecedent of similar nature against the present Petitioner, then this bail order shall stand revoked automatically.

6.

The ABLAPL is disposed of accordingly.

7.

Urgent certified copy of this order be granted as per rules. (A.K. Mohapatra) Judge S.K.Parida