Raja Tandi@ Jwakeem Tandi v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.696 of 2022 Raja Tandi @ Jwakeem Tandi and others ....

Petitioners Mr. T.K. Sahu, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

28.07.2022 02.

1.

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

2.

Heard learned counsel for the petitioners and learned Additional Standing Counsel for the State.

3.

This is an application under Section 438, Cr.P.C. filed by the petitioners for anticipatory bail.

4.

The petitioners are seeking pre-arrest bail in connection with Saintala P.S. Case No.247 of 2021 pending in the court of learned J.M.F.C., Saintala for commission of offence punishable under Sections 147/148/143/144/450/427/294/379/506/149, I.P.C. 5.

It is submitted learned counsel for the petitioners that the petitioners have been falsely implicated in the present case. It is further submitted that on similar footing with the present petitioners, other co-accused persons have been released on bail by this Court in ABLAPL No.12215 of 2021 vide order dated 11.10.2021. It is also

// 2 // submitted that there is omnibus allegations made against the petitioners and no specific allegations have been made against the present petitioners and that they have no criminal antecedents. 6.

Considering the nature of allegation, gravity of offence and the fact of the case, I am not inclined to grant anticipatory bail to the petitioners. However, it is directed that in the event the petitioners surrender before the learned court in seisin over the matter within a period of three weeks from today in the aforesaid case, they shall be released on bail on such terms and conditions as would be deemed just and proper.

7.

It is further directed that the bail granted to the petitioners is subject to the condition that learned court below shall verify whether the petitioners have any criminal antecedents of similar nature. In the event it is found that the petitioners have any criminal antecedents of similar nature, this bail order shall automatically stand revoked. 8.

Accordingly, the ABLAPL is disposed of.

Urgent certified copy of this order be granted on proper application.

( A.K. Mohapatra) Judge Jagabandhu