Arun Kumar Rout v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.2733 of 2022 Arun Kumar Rout and others ....

Petitioner Mr. Samarendra Bahadur, Advocate -versusState of Odisha and another ....

Opposite Parties Mr. P.C. Das, A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

09.11.2022 I.A. No.2180 of 2022 03.

1.

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

2.

Heard learned counsel for the petitioners as well as learned counsel for the State.

3.

In view of the submissions made, the order dated 16.08.2022 is hereby recalled. Accordingly, the I.A. stands allowed. ( A.K. Mohapatra ) Judge ABLAPL No.2733 of 2022 04.

4.

Heard.

5.

Learned counsel for the petitioners submits that he does not want to press the bail application in respect of the Petitioner Nos.1, 3, 4, 7 and 8. Accordingly, bail application of the Petitioner Nos.1, 3,

// 2 // 4, 7 and 8 stands dismissed as not pressed.

6.

So far as petitioner nos.2, 5 and 6 are concerned, the present application has been filed under Section 438, Cr.P.C. for release of the petitioners on anticipatory bail, in the case involving offence punishable under Sections 294/323/324/307/326/506/34, I.P.C. 7.

Considering the nature of allegations and gravity of offence and the fact of the case, I am not inclined to grant anticipatory bail to the petitioner nos.2, 5 and 6. However, it is observed that, in the event the petitioner nos.2, 5 and 6 surrender before the learned court in seisin over the matter within a period of three weeks from today, the petitioner nos.2, 5 and 6 shall be released on bail on such terms and conditions as the learned Magistrate may deem fit and proper, subject to condition that he shall not threaten, terrorize and influence the victim and his family members in any manner whatsoever. 8.

Four weeks' further time from today is extended for the petitioner nos.2, 5 and 6 to surrender before the learned court below, vide order dated 16.08.2022 passed in ABLAPL No.2733 of 2022, but subject to depositing cost of Rs.500/- (Rupees five hundred) in the Advocates' Welfare Fund of Orissa High Court Bar Association within fifteen days and furnishing money receipt thereof in proof of deposit. 9.

It is made clear that, if the cost is not deposited within the stipulated time, time extended for the petitioner nos.2, 5 and 6 to surrender shall stand revoked automatically.

10.

The I.A. is disposed of accordingly.

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

( A.K. Mohapatra ) Judge

// 3 // Jagabandhu