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Orissa High CourtABLAPL/13068/2022disposed off

Saroj Kumar Das v. State Of Odisha

2022-10-13Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.13068 of 2022 Saroj Kumar Das & another ....

Petitioners Mr.Sapan Ku. Lenka,Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

13.10.2022 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 385,323,294,506/34 of the Penal Code. 4.

Learned counsel for the Petitioners does not want to press this application in respect of Petitioner No.1. It is submitted by the learned counsel for the Petitioners that he was arrested and released on bail.

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 No.2, however it is observed that, in the event the Petitioner No.2 surrenders and moves for bail before

// 2 // the learned J.M.F.C.(City), Cuttack in G.R. Case No.1340 of 2022 corresponding to Madhupatna P.S. Case No.286 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, but subject to verification of criminal antecedents and subject to furnishing a cash security of Rs.3000/- (Rupees Three thousand), which shall be kept in any Nationalised Bank in an interest bearing account in the name of the court in seisin over the matter.

5.

The ABLAPL is disposed of accordingly.

6.

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