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Orissa High CourtABLAPL/11787/2022disposed off

Dushmanta Rout v. State Of Odisha

2022-09-21Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.11787 of 2022 Dusmanta Rout ....

Petitioner Mr. Sapan Ku. Lenka, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

21.09.2022 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 341, 353, 427/34 of the Indian Penal Code read with Sections 25, 27 of Arms Act and Section 9-B of Indian Explosives Act, 1884.

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 J.M.F.C., Bhuban in G.R.Case No.244 of 2022 arising out of Bhuban P.S. Case No.258 of 2022 within a period of three weeks

// 2 // 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 furnishing a cash security of Rs.10,000/- (Rupees Ten thousand) which shall be kept in any Nationalised Bank in an interest bearing account in the name of the court in seisin over the matter.

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.

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