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Orissa High CourtABLAPL/11227/2022disposed off

Susant Kumar Sahoo v. State Of Odisha

2022-09-15Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.11227 of 2022 Susant Kumar Sahoo ....

Petitioner Mr.Bibhuti Keshari Biswal,Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

15.09.2022 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 one Bijaya Rana is the principal accused in this case. So far as the present Petitioner is concerned, the principal accused and the Petitioner work in the same office and the bike belonging to the Petitioner has been used in the alleged offence. Accordingly, the Petitioner has been charged for commission of offence under section 363,366,109/34 of the Indian Penal Code. It is further submitted by the learned counsel for the Petitioner that the victim girl has already

// 2 // been rescued and her statement has been recorded. 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 event the Petitioner surrenders before the learned A.D.J.-cum-Special Court under POCSO Act, Cuttack in Spl.G.R.Case No.45 of 2022 arising out of Kanpur P.S.Case No.62 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 with further conditions that the Petitioner while on bail shall cooperate with the investigation and appear before the I.O. as and when required and appear before the trial court on each and every date fixed. Violation of 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