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Orissa High CourtABLAPL/11157/2022disposed off

Kamal Lochan Behera v. State Of Odisha

2022-09-14Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.11157 of 2022 Kamal Lochan Behera ....

Petitioner Mr.Akshaya Kumar Sahoo,Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

14.09.2022 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 has been falsely implicated in the alleged crime. He also submits that the Petitioner and the informant are co-villager and due to some previous enmity the informant has foisted this false case against the Petitioner.

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 Petitioner surrenders before the learned S.D.J.M., Deogarh in C.T. No.1052 of 2022 arising out of Deogarh P.S.Case no.671 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 injury and criminal antecedent 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