← Library
Orissa High CourtABLAPL/12498/2022disposed off

Sayed Anees Ahamed @ Sayed Anees @ Anis Ahammed v. State Of Odisha

2022-09-28Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.12498 of 2022 Sayed Anees Ahamed @ Sayed Anees @ Anis Ahammed ....

Petitioner Mr. Sidharth Prasad Das, Advocate -versusState of Odisha ....

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

Mr. Dayanidhi Mishra, Adv. for Informant

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

28.09.2022 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 and learned counsel for the Informant. 3.

This is an application under Section 438, Cr.P.C. filed by the Petitioner for anticipatory bail, involving offence punishable under Sections 341/323/324/307/506, 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., Berhampur in G.R. Case No.2296 of 2022 corresponding to Badabazaar P.S. Case No.246 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

// 2 // facts and circumstances of the case, but subject to verification of the Criminal Antecedents of the Petitioner as well as verification of the Injury Report. If it is found that there is more than one criminal antecedent of similar nature against the Petitioner, then this bail order shall stand automatically revoked. Similarly, if the injuries caused to the injured are found to be grievous in nature, then also this bail order shall stand automatically revoked. The Case Diary and Criminal Antecedent Report of the Petitioner as well as the Injury Report be made available to the learned Magistrate for consideration of the bail application of the Petitioner on the date of his surrender.

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