Sukant Das v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.11506 of 2022 Sukant Das ....

Petitioner Mr. Tara Prasad Mohapatra, Advocate -versusState of Odisha ....

Opposite Party Mr. S.Mishra, A.S.C.

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

24.09.2022 Order No.

02.

1.

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2.

Heard learned counsel for the Petitioner, learned Addl. Standing Counsel for the State. Perused the records. 3.

This is an application under Section 438, Cr.P.C. filed by the Petitioner for anticipatory bail, involving offence punishable under Sections 420, 468, 471, 419, 409/34 of the Indian Penal Code. 4.

Considering the seriousness of the allegation, gravity of the offence and the facts of the case, although I am not 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 Nyayadhikari, Gamanyayalaya, Brahmagiri in G.R.Case No.1522 of 2018 arising out of Brahmagiri P.S.Case No.121 of 2018 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

// 2 // and proper in the facts and circumstances of the case, but subject to verification of the fact that whether a sum of Rs.2,08,000/- has been paid by the Petitioner or not. In the event the aforesaid amount has not been paid by the Petitioner, this order shall not be given effect to. While imposing conditions for bail, learned Magistrate shall also impose the following additional conditions - (i) The Petitioner shall appear before the I.O. and shall cooperate with the investigation as and when required by the I.O.; (ii) He shall appear before the trial court on each and every date fixed;

(iii) He shall not tamper with the prosecution evidence in any manner while on bail.

Violation of any of the conditions shall entail cancellation of bail of the Petitioner.

5.

The ABLAPL is disposed of accordingly.

6.

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