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Orissa High CourtABLAPL/12111/2022disposed off

Ajay Pratihary v. State Of Odisha

2022-09-24Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.12111 of 2022 Ajay Pratihary ....

Petitioner Mr. Sunil Kumar Panda,Advocate -versusState of Odisha ....

Opposite Party Mr. M.K.Mohanty, A.S.C.

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

24.09.2022 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 Section 52(a) of Orissa Excise Act.

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., Konark in C.T.Case No.1907 of 2022 arising out of Kuakhia P.S. Case No.265 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

// 2 // circumstances of the case, but subject to verification of criminal antecedents of similar nature against the Petitioner. In the event it is found that the Petitioner has more than one criminal antecedents then this order shall not be given effect to.

5.

The ABLAPL is disposed of accordingly.

6.

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