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Orissa High CourtABLAPL/15413/2022disposed off

Subodha @ Subodha Kumar Bhol v. State Of Odisha

2022-12-19Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.15413 of 2022 Subodha @ Subodha Kumar Bhol ....

Petitioner Mr. J.K. Khandayatray, Advocate -versusState of Odisha ....

Opp. Party Mr. S.S.Pradhan, A.G.A.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

19.12.2022 01.

1.

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

2.

Heard learned counsel for the petitioner and learned Additional Government Advocate for the State. 3.

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

4.

The petitioner is seeking pre-arrest bail in connection with G.R. Case No.10 of 2022, arising out of Jankia P.S. Case No.401 2022 pending in the court of learned J.M.F.C. (Cognizance Taking), Khurda for commission of offences punishable under Sections 379/411/34, I.P.C. read with Section 12 of O.M.& M(POTSA) Act, 1989 and Rule-51 of O.M.M.C. Rules, 2004.

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 petitioner. However, it is directed that in the event the petitioner surrenders and moves an application for bail before the learned court

// 2 // in seisin over the matter within a period of three weeks from today in the aforesaid case, he shall be released on bail on such terms and conditions as would be deemed just and proper subject to condition that he shall furnish cash security of Rs.2,000/-(rupees Two thousand) with further conditions that besides other conditions would be imposed by the learned court below while releasing the petitioner on bail.

6.

Accordingly, the ABLAPL is disposed of.

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

( A.K. Mohapatra) Judge RKS