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Orissa High CourtABLAPL/15418/2022disposed off

Amiya Kumar Jena v. State Of Odisha

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

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.15418 of 2022 Amiya Kumar Jena ....

Petitioner Mr.Amulya Ratna Panda, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

19.12.2022 Order No.

01.

1.

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

2.

Heard learned counsel for the Petitioner, learned Addl. Government Advocate for the State. Perused the records. 3.

This is an application under Section 438, Cr.P.C. filed by the Petitioner for anticipatory bail, involving offence punishable under Sections 448,379,353,427/34 of the Indian Penal Code read with Section 29 of the Odisha Grama Panchayat Act. 4.

Considering the seriousness of the allegation, gravity of the offence and the facts of the case, although I am not inclined to grant anticipatory bail to the Petitioner, however it is observed that, in the event the Petitioner surrenders and moves for bail before the learned S.D.J.M., Jajpur in C.T.Case No.396 of 2022 arising out of Mangalpur P.S.Case No.105 of 2022 within a period of three weeks from today, he shall be released on bail on such terms and conditions as the learned Magistrate may deem just and proper in the facts and

// 2 // circumstances of the case, but subject to furnishing cash security of Rs.2000/- (Rupees Two thousand) which shall be kept in any Nationalised Bank in an interest bearing account in the name of court in seisin over the matter.

While imposing conditions for bail, learned Magistrate shall also impose the following additional conditions - (i) The Petitioner shall not indulge in similar nature of offence while on bail.

5.

The ABLAPL is disposed of accordingly.

6.

Urgent certified copy of this order be granted as per rules. (A.K. Mohapatra) Judge RKS