Salim Khan v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.13306 of 2022 Salim Khan ....

Petitioner Mr.Jagabandhu Sahu, Advocate -versusState of Odisha ....

Opposite Party Mr.P.C.Das, A.S.C.

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

18.10.2022 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 370, 374, 420/34 of the Indian Penal Code read with Section 25 of Inter-State Migrant Workman (Regulation of Employment and Conditions of Services) Act, 1979. 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., Kantabanji in G.R.Case No.427 of 2022 arising out of Kantabanji P.S.Case No.237 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 criminal antecedents of similar nature. In the event it is found that the Petitioner has similar nature of criminal antecedents, then this order shall not be given effect to.

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 threaten, influence or terrorise the prosecution witnesses in any manner whatsoever while on bail. Violation of any of the conditions shall entail cancellation of bail of 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