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Orissa High CourtABLAPL/13572/2022disposed off

Alok Kumar Sahoo v. State Of Odisha

2022-10-21Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.13572 of 2022 Alok Kumar Sahoo and another ....

Petitioners Mr. S.K. Bhanjadeo, Advocate -versusState of Odisha ....

Opp. Party Mr. S. Patra, A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

21.10.2022 01.

1.

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2.

Heard learned counsel for the petitioners and learned Additional Standing Counsel for the State. Perused the record. 3.

This is an application under Section 438, Cr.P.C. filed by the petitioners for anticipatory bail.

4.

The petitioners are seeking pre-arrest bail in connection with G.R. Case No.719 of 2022, arising out of Nayagarh P.S. Case No.175 of 2022 pending in the court of learned S.D.J.M., Nayagarh for commission of offences punishable under Sections 272/273, I.P.C. read with Section 52(a)(i) of Orissa Excise Act. 5.

Considering the nature of allegation, gravity of offence and the fact of the case, I am not inclined to grant anticipatory bail to the petitioners. However, it is directed that in the event the petitioners surrender and move an application for bail before the learned court in seisin over the matter within a period of three weeks from today in the aforesaid case, they shall be released on bail on such terms and

// 2 // conditions as would be deemed just and proper subject to condition that the petitioners shall furnish cash security of Rs.5,000/- (rupees five thousand) besides other conditions would be imposed by the learned court below while releasing the petitioner on bail. I.

The petitioners shall cooperate with the Investigating Officer as and when required for the purpose of investigation; and II.

they shall not indulge in similar nature of criminal antecedents while on bail;

Violation of any of the terms and conditions shall entail cancellation of bail.

7.

Accordingly, the ABLAPL is disposed of.

Urgent certified copy of this order be granted on proper application.

( A.K. Mohapatra) Judge Jagabandhu