Arjuna Guru @ Arjun Gurua v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.12916 of 2022 Arjuuna Guru @ Arjun Gurua ....

Petitioner Mr.S.R.Das, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

12.10.2022 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. Perused the records. 3.

This is an application under Section 438, Cr.P.C. filed by the Petitioner for anticipatory bail, involving offence punishable under Sections 9, 39, 44, 49(B), 52 of Wild Life Protection Act, 1972. 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 J.M.F.C., Badamba in 2(b)C.C. No.05 of 2022 Corresponding to OR Case No.14B of 2022-23 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, but subject to furnishing cash security of

// 2 // Rs.5000/- (Rupees Five thousand) which shall be kept in any Nationalised Bank in an interest bearing account in the name of court in seisin over the matter.

While imposing conditions for bail, learned Magistrate shall also impose the following additional conditions - (i) The Petitioner shall not indulge in similar nature of offence while on bail. In the event it is found that he is indulged in similar nature of offence, it is open for the court below to proceed against 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 RKS