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Orissa High CourtABLAPL/13180/2022disposed off

Prasant Kumar Dholi v. State Of Odisha

2022-10-14Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.13180 of 2022 Prasant Kumar Dholi ....

Petitioner Mr. Mohendra Dalai, 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. 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 143, 147, 148, 152 186, 353, 332, 333, 294, 307, 506/149 of the Indian Penal Code.

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.(City), Cuttack in G.R. Case No.1336 of 2022 arising out of Badambadi P.S. Case No.302 of 2022 within a period of three weeks from today, he shall be released on bail on such terms and conditions

// 2 // as the learned Magistrate may deem just and proper in the facts and circumstances of the case, but subject to verification of injury and subject to furnishing cash security of Rs.2,000/- (Rupees Two thousand), which shall be kept in any Nationalized Bank in an interest bearing account in the name of the court in seisin over the matter, and the said amount shall be subject to the outcome of the trial.

While imposing conditions for bail, learned Magistrate shall also impose the following additional conditions - (i) The Petitioner shall cooperate with the investigation and appear before the I.O. as and when required by the I.O.; (ii) He shall not indulge in any other criminal case of similar nature to the present case, while on bail.

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

5.

The ABLAPL is disposed of accordingly.

6.

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