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Orissa High CourtABLAPL/12148/2022disposed off

Chanda @ Siraj Khan @ Mahammada v. State Of Odisha

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

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.12148 of 2022 Chanda @ Siraj Khan @ Mahammada ....

Petitioner Mr. Gorekhnath Das, Advocate -versusState of Odisha ....

Opposite Party Mr. Shashanka Patra, 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 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 Section 341/323/294/506/365/34, I.P.C.

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 S.D.J.M., Nayagarh in G.R. Case No.638 of 2022 corresponding to Nayagarh P.S. Case No.151 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 furnishing cash security of Rs.10,000/- (Rupees Ten Thousand) by the Petitioner to the satisfaction of learned court in seisin over the matter. However, while imposing conditions for bail, learned Magistrate shall also impose the following additional conditions - (i) The Petitioner shall cooperate with the investigation and shall appear before the I.O. for the purpose of investigation, as and when required;

(ii) He shall also appear before the concerned P.S. once in a fortnight, preferably on Sunday in between 10 A.M. to 1.00 P.M., till conclusion of trial.

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 S.K.Parida