Sarojkanta Behera v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.13995 of 2022 Sarojkanta Behera ....

Petitioner Mr. Arijeet Mishra, Advocate -versusState of Odisha ....

Opposite Party Mr. M.K. Mohanty, A.S.C.

CORAM:

JUSTICE CHITTARANJAN DASH Order No.

ORDER

16.11.2022 02.

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

2. This application for anticipatory bail U/s.438 Cr.P.C. has been filed by the Petitioner in anticipation of arrest for his alleged involvement in the offences U/s. 294/384/307/323/380/34, I.P.C. in connection with Kendrapara Sadar P.S. Case No.425 of 2022 corresponding to G.R. Case No.2081 of 2022 pending in the Court of learned S.D.J.M., Kendrapara.

3. Considering the submission of the parties, the nature of allegations as emerged from the materials on record, the circumstances appearing, seriousness and gravity of the offence while this court is not inclined to grant anticipatory bail, it is directed that in the event the Petitioner surrenders and moves for bail before the court in seisin over the case within a period of three weeks hence, he shall be admitted to bail on such terms and conditions as would be deemed just and proper by the said court,

// 2 // but subject to verification of the criminal antecedents of the Petitioner.

4. If it is found that there is more than one criminal antecedent against the Petitioner besides the present case, this bail order shall not be given effect to and the court concerned shall be free to deal with the matter of bail according to law.

5. However, in case antecedent is noticed and the court proposes to grant bail, it shall be subject to the further condition that the Petitioner shall appear before the I.O. once in a week till submission of charge-sheet; and he shall also appear before the trial court on each date of trial, without fail, till conclusion of the trial.

6. The ABLAPL is disposed of accordingly.

( Chittaranjan Dash ) Judge S.K. Parida