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Orissa High CourtABLAPL/557/2022disposed off

Umesh Chandra Biswal v. State Of Odisha

2022-07-27Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.557 of 2022 Umesh Chandra Biswal & another ....

Petitioners Mr. Manoj Kumar Mallick, Advocate -versusState of Odisha ....

Opposite Party Mr. M.K. Mohanty, A.S.C.

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

27.07.2022 Order No.

01.

1.

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

2.

Heard learned counsel for the Petitioners and learned Addl. Standing Counsel for the State.

3.

This is an application under Section 438, Cr.P.C. filed by the Petitioners for anticipatory bail, involving offences punishable under Sections 294/354/379/307/325/427/506/34, I.P.C. 4.

It is stated by learned counsel for the Petitioners that the Petitioners as well as the Informant belong to one family. There arose dissension with regard to some landed properties. Therefore, there was a quarrel picked up among the family members. He further submits that the injuries caused to the victim are simple in nature. 5.

Considering such submissions, nature of allegation, gravity of the offence and the facts of the case, although I am not inclined to grant anticipatory bail to the Petitioners, however it is observed that,

// 2 // in the event the Petitioners surrender before the learned J.M.F.C., Pattamundai in G.R. Case No.03 OF 2022 corresponding to Pattamundai P.S. Case No.03 of 2022 within a period of three weeks from today, the Petitioners 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. However, this bail order is subject to the further conditions that the Petitioners shall not indulge in any other similar activities and they shall maintain peace and tranquility in the locality. Violation of any of the conditions shall entail cancellation of bail of the Petitioners. 6.

The ABLAPL is disposed of accordingly.

7.

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