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Orissa High CourtABLAPL/11609/2022disposed off

Ashok Kumar Mohanty v. State Of Odisha

2022-09-19Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.11609 of 2022 Ashok Kumar Mohanty & others ....

Petitioners Mr. S.K.Dwibedi,Advocate -versusState of Odisha ....

Opposite Party Mr. P.C.Das, 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.

Learned counsel for the Petitioners does not want to press this application in respect of Petitioner No.2. Accordingly, the ABLAPL stands disposed of as not pressed in respect of Petitioner No.2.

3.

Heard learned counsel for the Petitioner Nos.1 & 3, learned Addl. Standing Counsel for the State. Perused the records. 4.

This is an application under Section 438, Cr.P.C. filed by the Petitioner Nos.1 & 3 for anticipatory bail, involving offence punishable under Sections 448,294,506,427/34 of the Indian Penal Code.

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 Nos.1 & 3, however it is observed

// 2 // that, in the event the Petitioner Nos.1 & 3 surrender and move for bail before the learned S.D.J.M., Phulbani in C.T. Case No.589 of 2022 corresponding to Phulbani Town P.S. Case No.157 of 2022 within a period of three weeks from today, they 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. 6.

The ABLAPL is disposed of accordingly.

7.

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