Sk. Jafar v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.11463 of 2022 Sk.Jafar & others ....

Petitioners Mr. Sk.Zafarulla,Advocate -versusState of Odisha ....

Opp. Party Mr.P.C.Das,A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

19.09.2022 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 there is no specific allegation against the Petitioners in the present crime and though the Petitioners were only present at the spot as spectators, but with a mala fide intention the Police has named the Petitioners in the alleged crime.

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 Petitioners. However, it is directed that in the

// 2 // event the Petitioners surrender before the learned S.D.J.M., Balasore in C.T.Case No.727 of 2022 arising out of Balasore Town P.S.Case No.157 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 with further conditions that the Petitioners while on bail shall not get involved in similar nature of offence and 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. 6.

Accordingly, the ABLAPL is disposed of.

7.

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