Bhagirathi Sahoo v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.15439 of 2022 Bhagirathi Sahoo ....

Petitioner Mr.Amlan Shakti Paul, 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 379/411/34 of the Indian Penal Code read with Section 51(1) of Orissa Minor Minerals Concession Rules, 2004. 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., Khurda in G.R.Case No.1570 of 2022 arising out of Bolagarh P.S.Case No.236 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 verification of criminal antecedents of similar nature. In the event it is found that the Petitioner has similar criminal antecedents, then this order shall not be given effect to.

5.

The ABLAPL is disposed of accordingly.

6.

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