Debendra Kumar Sethia v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.13172 of 2022 Debendra Kumar Sethia ....

Petitioner Mr. Rajib Lochan Pattnaik, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

14.10.2022 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 420/465/468, I.P.C.

4.

It is submitted by learned counsel for the Petitioner that one Snehaswara Manhira is the principal accused, against whom there is allegation of tampering the government records and making some wrong entries in those government records. So far as the present Petitioner is concerned, he was working as the Marketing Inspector. 5.

Considering such submission, 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

// 2 // bail before the learned J.M.F.C., Chandahandi in G.R. Case No.17 of 2021 corresponding to Chandahandi P.S. Case No.0017 of 2021 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 appear before the I.O. and shall cooperate with the investigation as and when required by the I.O.;

(ii) He shall not indulge in any other offence of similar nature to the present case in any manner again, while on bail.

(iii) He shall not try to tamper with the prosecution evidence and also shall not threaten the prosecution witnesses in any manner whatsoever, while on bail. Violation of any of the conditions shall entail cancellation of bail of the Petitioner.

6.

The ABLAPL is disposed of accordingly.

7.

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