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Orissa High CourtABLAPL/13325/2022disposed off

Ashish Kumar v. State Of Odisha(Vig.)

2022-11-10Mr. Justice D.Dash2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL NO.13325 OF 2022 Ashish Kumar ....

Petitioner Mr. M.K. Chand, Advocate -versusState of Odisha (Vig) ....

Opposite Party Mr. M.S. Rizvi, ASC (Vig.).

CORAM:

MR. JUSTICE D.DASH

ORDER

10.11.2022 02.

1.

This matter is taken up through hybrid arrangement (virtual/ Order No.

physical) mode.

2.

This the second journey of the Petitioner in filing this application under Section-438 of the Cr.P.C. who has been implicated in connection with Cuttack Vigilance P.S. Case No.46 of 2022 corresponding to V.G.R. Case No. 30of 2022 pending on the file of the learned Addl. Sessions Judge-cum-Special Judge, Vigilance, Cuttack for alleged commission of offence under section 13(2) read with 13(1)(a) of the Prevention of Corruption Amendment Act and section-409/420/468/120-B of the IPC, for his grant of anticipatory bail in the event of his arrest in the above mentioned case.

3.

Heard Learned Counsel for the Petitioner and learned Additional Standing Counsel for the Vigilance. 4.

Considering the submissions and on going through the nature of accusations;

further keeping in view the surrounding circumstances of the case as also concerning the Petitioner, finding changing circumstances, while being inclined to re-consider the prayer for grant of anticipatory bail to the Petitioner; it is directed that in the event the Petitioner surrenders before the Court in seisin of

// 2 // the case in the above mentioned case within three weeks hence and moves for his release on bail, he shall be released on bail on such terms and conditions as would be deemed just and proper by the said Court with further condition that he will appear before the Court in seisin of the case on each date of posting of the case and will go on appearing before the Investigating Officer on first Monday of the month till conclusion of the trial.

Violation of conditions as above shall entail cancellation of bail.

4.

The ABLAPL is accordingly disposed of.

Issue urgent certified copy as per rules.

(D. Dash), Judge.

Narayan