← Library
Orissa High CourtABLAPL/11934/2022disposed off

Sachindra Lenka v. State Of Odisha

2022-09-22Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.11934 of 2022 Sachindra lenka & Others ....

Petitioners Mr. Samir Kumar Mishra, Advocate -versusState of Odisha ....

Opp. Party Mr. P.C. Das, A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

22.09.2022 01.

1.

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

2.

Heard learned counsel for the Petitioners and the 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 for anticipatory bail.

5.

It is submitted by the learned counsel for the Petitioners that the Petitioners were protesting against the opening of a Beer Bar in their locality, as a result of which the Petitioners have been falsely implicated in the present case. However, the allegations made are serious in nature.

6.

Considering the nature of allegations made, gravity of the

// 2 // offence and the facts of the case, although I am not inclined to grant anticipatory bail to the Petitioners, however it is directed that in the event the Petitioners surrender before the learned J.M.F.C.(R), Balasore in C.T. Case No.609 of 2022 arising out of Khantapada P.S. Case No.195 of 2022 within a period of three weeks from today and moves for bail, they shall be released on bail on such terms and conditions as would be deemed just and proper by the learned Magistrate with further conditions that the Petitioners, while on bail, shall cooperate with the investigation and shall appear before the I.O. as and when required and shall also appear before the trial court on each and every date fixed for trial. The Petitioner shall not indulge in similar nature of offence while on bail. Violation of any of the conditions shall entail cancellation of bail. 7.

The ABLAPL is disposed of accordingly.

8.

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