Mantu @ Giridhari Behera v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.13962 of 2022 Mantu @ Giridhari Behera .... Petitioner Mr. A.R Panda, Advocate -versusState of Odisha ....

Opp. Party Mr. M.K Mohanty, ASC

CORAM:

JUSTICE CHITTARANJAN DASH Order No.

ORDER

16.11.2022 02.

1. Heard learned counsel for the Petitioner and learned counsel for the State.

2. This is an application for bail U/s.438 Cr.P.C. filed by the Petitioner in apprehension of arrest for his alleged involvement in the offences U/s. 147/148/341/323/325/307/149 of IPC.

3. It is submitted by the learned counsel for the Petitioner that there is counter case to present FIR at the behest of the present Petitioner and there is injury in respect to the person of both the sides as far as the injury in respect to the informant side is concerned. It is alleged that the injury is simple in nature.

4. Keeping in view the submission of the parties, the nature of allegations as emerged from the materials on record, the circumstances appearing, the seriousness and gravity of the offences, it is directed that in the event the Petitioner surrenders and

// 2 // moves for bail in connection with C.T. Case No.791 of 2022 arising out of Balasore Town P.S. Case No.176 of 2022 pending in the court of learned S.D.J.M., Balesore within a period of three weeks' from today, he shall be allowed to go on bail on such terms and conditions as would be deemed just and proper by the said court . The Petitioner shall appear in person before the learned court below on each date of posting of the case and shall appear before the I.O. / I.I.C. for a period of six months or till the submission of Final form as the case may be.

5. It is made clear that the learned Court below shall verify the criminal antecedent of the Petitioner, if necessary by admitting the Petitioner to bail provisionally till the information is received and in case more than one antecedent is noticed, the order of this Court shall not be given effect to and the court shall be free to deal with matter of bail according to its merit without further reference to the present.

6. The ABLAPL is disposed of accordingly.

( Chittaranjan Dash ) Judge B.K Sahoo