Bikram Das v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.1275 of 2023 Puspa Sahu & Others ....
Petitioners Mr. A.K. Parida, Advocate -versusState of Odisha ....
Opposite Party Mr. Debasish Biswal, A.S.C.
CORAM:
JUSTICE CHITTARANJAN DASH Order No.
ORDER
10.02.2023 01.
1. Heard the learned counsel for the Petitioners and the State.
2. By means of this application, the Petitioners seek grant of bail U/s.438 Cr.P.C. in apprehension of arrest for their alleged involvement in the offences U/s. 498-A/325/506/307/34, I.P.C. and Section 4 of the D.P. Act, in connection with I.C.C. No.41 of 2022 pending in the court of the learned S.D.J.M., Bhawanipatna.
3. Having regard to the submission of the learned counsel for the Petitioners, nature of the allegations, the circumstances appearing in the case and the seriousness and gravity of the offences, while this court is not inclined to grant anticipatory bail, it is directed that, in the event the Petitioners surrender and move for bail before the learned S.D.J.M., Bhawanipatna in the aforesaid I.C.C. Case No.41 of 2022 within a period of three weeks from today, they shall be allowed to go on bail on such terms and conditions as would be
// 2 // deemed just and proper by the said court, but subject to verification of the injuries if not grievous.
4. If the injuries are found to be grievous, this order shall not be given effect to. However, if the learned Magistrate is satisfied that the injuries are not to be grievous and admits the Petitioners to bail, the following further conditions be imposed - (i) The Petitioners shall appear before the I.O. once in every week till submission of the charge-sheet in the case. (iii) They shall not threaten, terrorise, intimidate or harass the Informant party members as well as the prosecution witnesses in any manner and shall not tamper with the prosecution evidence in any manner whatsoever, while on bail.
(iv) Violation of any of the conditions shall entail cancellation of bail of the Petitioners.
5. The ABLAPL is disposed of accordingly.
(Chittaranjan Dash) Judge S.K. Parida