Suraj Samal @ Dipu Samal v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.11600 of 2022 Suraj Samal @ Dipu Samal ....

Petitioner Mr. Prakash Ku. Pratap, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

19.09.2022 Order No.

01.

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 452, 294, 323, 307, 506/34 of the Indian Penal Code. 4.

It is submitted by the learned counsel for the Petitioner that there is no allegation of assault against the present Petitioner. One Papu Bal, the principal accused has assaulted the injured by means of an iron rod. He also submits that the Petitioner does not have criminal antecedents.

5.

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

// 2 // event the Petitioner surrenders and move for bail before the learned J.M.F.C., Chandikhol in G.R.Case No.1388 of 2022 arising out of Balichandrapur P.S. Case No.305 of 2022 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 and proper in the facts and circumstances of the case, but subject to verification of criminal antecedents of similar nature.

5.

The ABLAPL is disposed of accordingly.

6.

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