Paka @ Aka @ Prakash Bhoi v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.1610 of 2022 Paka @ Aka @ Prakash Bhoi ....
Petitioner Mr. Ranjan Kumar Pradhan-1, Advocate -versusState of Odisha ....
Opposite Party Mr. Sitikant Mishra, A.S.C.
CORAM:
JUSTICE A.K.MOHAPATRA
ORDER
08.08.2022 Order No.
02.
1.
This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
2.
Heard learned counsel for the Petitioner and learned Addl. Standing Counsel for the State.
3.
This is an application under Section 438, Cr.P.C. filed by the Petitioner for anticipatory bail, involving offence punishable under Sections 341/379/307/427/34, I.P.C.
4.
Learned counsel for the Petitioner submits that, due to political rivalry, case and counter case have been filed against each other. He further submits that the injuries sustained by the victim are simple in nature.
5.
Considering such submission, nature of allegation, gravity of the offence and 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 before the learned S.D.J.M., Puri in
// 2 // G.R. Case No.2811 of 2021 corresponding to Town P.S. Case No.251 of 2021 within a period of three weeks from today, the Petitioner 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.
Further, while imposing conditions for bail, learned Magistrate shall also impose conditions that the Petitioner shall not threaten, terrorise, influence, ill-treat or harass the Informant, his family members or the prosecution witnesses in any manner whatsoever. The Petitioner shall not also indulge in similar offence, while on bail, and he shall appear before the learned trial court on each date of trial, without fail.
Violation of any of the conditions shall entail cancellation of the 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