← Library
Orissa High CourtABLAPL/11772/2022disposed off

Ashok Kumar Dalai v. State Of Odisha

2022-10-11Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.11772 of 2022 Ashok Kumar Dalai ....

Petitioner Mr. Bijaya Kumar Dash, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

11.10.2022 Order No.

02.

1.

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

2.

Heard learned counsel for the Petitioner and learned Addl. Standing Counsel for the State.

3.

This is an application under Section 438, Cr.P.C. filed by the Petitioner for anticipatory bail, involving offence punishable under Sections 370/370-A(2), I.P.C. and Sections 3, 5 & 6 of Immoral Traffic (Prevention) Act, 1956.

4.

It is submitted by learned counsel for the Petitioner that the present Petitioner is a local businessman under Panikoili P.S. area. Further it is submitted that the Petitioner has not been named in the F.I.R. Learned counsel for the Petitioner further submits that the mobile phone which was seized, had telephone numbers of the present Petitioner. On such ground the Petitioner apprehends arrest.

// 2 // Further it is submitted that the victim girl was being used in prostitution business at the instance of some of the brokers. Learned counsel for the State on the other hand submits that investigation is still going on in the case. However, he does not dispute the fact that the Petitioner has not been named in the F.I.R. 5.

Considering such submission, nature of the allegation, gravity of the offence and the facts of the case, it is directed that, in the event of arrest in connection with Panikoili P.S. Case No.200 of 2022 corresponding to C.T. Case No.1136 of 2022 pending in the court of learned J.M.F.C., Jajpur Road, the Petitioner shall be released on bail by the Arresting Officer on such terms and conditions as the Arresting Officer shall 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 S.K.Parida