Bishnu Charan Mohanty v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.15674 of 2022 Bishnu Charan Mohanty ....

Petitioner Mr.B.K.Behera, Advocate -versusState of Odisha ....

Opposite Party Mr.P.K.Rout, A.G.A.

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

20.12. 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 Petitioners for anticipatory bail, involving offence punishable under Sections 341, 294, 307, 506, 420, 120-B/34 of the Indian Penal Code.

4.

It is submitted by the learned counsel for the Petitioner that the injuries are simple in nature and the Petitioner does not have any similar criminal antecedents. Moreover, the present case arises out of a ICC Case filed in the Court of S.D.J.M., Bhubaneswar. 5.

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

// 2 // J.M.F.C.(II), P.Kumbhar, Bhubaneswar in C.T.Case No.5180 of 2022 arising out of Mancheswar P.S.Case No.311 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 circumstances of the case, but subject to verification of Injury Report and criminal antecedents of similar nature.

6.

The ABLAPL is disposed of accordingly.

7.

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