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Orissa High CourtABLAPL/12204/2022disposed off

Sanjaya Kumar Sahu v. State Of Odisha

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

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.12204 of 2022 Sanjaya Kumar Sahu ....

Petitioner Mr. Giridhari Singh, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

24.09.2022 01.

1.

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

2.

Heard learned counsel for the petitioner and learned Additional Standing Counsel for the State.

3.

This is an application under Section 438, Cr.P.C. filed by the petitioner for anticipatory bail.

4.

The petitioner is seeking pre-arrest bail in connection with Gunupur P.S. Case No.172 of 2022 pending in the court of learned S.D.J.M., Gunupur for commission of offences punishable under Sections 120-B/143/147/294/341/353/452/149, I.P.C. 5.

Considering the nature of allegation, gravity of offence and the fact of the case, I am not inclined to grant anticipatory bail to the petitioner. However, it is directed that in the event the petitioner surrenders and moves an application for bail before the learned court in seisin over the matter within a period of three weeks from today in the aforesaid case, he shall be released on bail on such terms and conditions as would be deemed just and proper with further conditions that :-

// 2 // I.

The petitioner shall cooperate with the Investigating Officer as and when required for the purpose of investigation; and II.

he shall not threaten, harass and terrorize the informant and her /his family members in any manner whatsoever.

Violation of any of the terms and conditions shall entail cancellation of bail.

6.

Further, it is directed that the petitioner shall give an undertaking before the learned court below that while releasing on bail, he will ensure that as he will keep peace and tranquility in the locality and does not indulge in similar activities as alleged in the F.I.R. 7.

Accordingly, the ABLAPL is disposed of.

Urgent certified copy of this order be granted on proper application.

( A.K. Mohapatra) Judge Jagabandhu