Guru Charan Behera v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.11385 of 2022 Guru Charan Behera ....

Petitioner Mr. Subhrajit Sahoo,Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

16.09.2022 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 a Civil Engineer, who was employed by the Nayagarh Municipality. He was assigned with the Project work. In course of his official business bills are coming for approval. He has done his work diligently. However, implicating the Petitioner in a false case he has been removed from service without following due procedure of law. Further, it is submitted by the learned counsel for the Petitioner that the entire case is based on documentary evidence.

// 2 // 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 S.D.J.M., Nayagarh in G.R.Case No.599 of 2022 arising out of Nayagarh Town P.S.Case No.145 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, shall appear before the trial court on each and every date fixed. The Petitioner while on bail shall not leave the jurisdiction of the court in seisin over the matter without specific permission of the court in that regard. Violation of any of the 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