Sasadhar Das v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.12827 of 2022 Sasadhar Das and another ....

Petitioners Mr.Rabi Narayan Panda,Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

30.09.2022 Order No.

01.

1.

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

2.

Heard learned counsel for the Petitioners, learned Addl. Standing Counsel for the State. Perused the records. 3.

This is an application under Section 438, Cr.P.C. filed by the Petitioners for anticipatory bail, involving offence punishable under Sections 147, 148, 325, 307/149 of the Indian Penal Code. 4.

It is submitted by the learned counsel for the Petitioner that the Petitioner has not been named in the F.I.R. He further submits that the Petitioner has been implicated on the basis of co-accused statement. He also submits that the Petitioner does not have similar criminal antecedents of similar nature.

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

// 2 // event the Petitioner surrenders and moves for bail before the learned J.M.F.C., Chandabali in G.R.Case No.610 of 2022 arising out of Bansada P.S.Case No.273 of 2022, within a period of three weeks from today, they 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, but subject to verification of criminal antecedents, but subject to verification of criminal antecedents of similar nature.

6.

The ABLAPL is disposed of accordingly.

7.

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