Nrusingh Charan Badajena @ Mitu Badajena v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.16069 of 2022 Nrusingh Charan Badajena @ Mitu Badajena ....

Petitioner Mr.Jyotirmaya Sahoo, Advocate -versusState of Odisha ....

Opposite Party Mr.Sonak Mishra, A.S.C.

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

22.12.2022 Order No.

01.

1.

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

2.

Heard learned counsel for the Petitioner, learned Addl. Standing Counsel 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. 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 N.G.N.-cum-J.M.F.C., Tangi in G.R.Case no.793 of 2022 Corresponding to Nirakarpur P.S.Case No.265 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

// 2 // verification of criminal antecedents of similar nature and subject to furnishing a cash security of Rs.5,000/- (Rupees Five thousand) which shall be kept in any Nationalised Bank in an interest bearing account in the name of court in seisin over the matter. Case Diary and Criminal Antecedents be made available on the date of surrender before the court below. In the event it is found that the Petitioner has more than one 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