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Orissa High CourtABLAPL/12508/2022disposed off

Sangram Kumar Roul @ Sangram Raula v. State Of Odisha

2022-09-28Mr. Justice Aditya Kumar Mohapatra3 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.12508 of 2022 Sangram Kumar Rout @ Sangram Raula ....

Petitioner Mr. Anjan Kumar Biswal, Advocate -versusState of Odisha ....

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

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 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 Sections 420/465/467/468/34, I.P.C.

4.

Learned counsel for the Petitioner submits that the Petitioner operates a Mini Bank of SBI with the license of the SBI. He had accompanied the principal accused Manas Sankhua to the house of the Informant to collect money to provide Banking Service at doorstep. He further submits that the entire allegation is against the principal accused. He also submitted that since the Petitioner accompanied the said principal accused, the Petitioner has been

// 2 // falsely implicated in this case. Learned counsel for the Petitioner further submits that the Petitioner has neither received any money nor he is suppose to pay back any amount to the Informant. 5.

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., Udala in C.T. Case No.854 of 2022 corresponding to Kaptipada P.S. Case No.273 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 circumstances of the case.

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 not threaten, terrorise, ill-treat or harass the Informant and her family members including the prosecution witnesses in any manner whatsoever, while on bail.

(iii) He shall appear before the trial court on each date of trial, without fail.

Violation of any of the conditions shall entail cancellation of bail of the Petitioner.

5.

The ABLAPL is disposed of accordingly.

// 3 // 6.

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