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Orissa High CourtABLAPL/3411/2022disposed off

Suryakanta Dalai v. State Of Odisha

2022-05-16Mr. Justice D.Dash2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.3411 of 2022 Suryakanta Dalai and others ....

Petitioners Mr. S.J. Mohanty, Advocate -versusState of Odisha ....

Opp. Party Mr. P.C. Das, A.S.C.

Mr. M. Pagal, Advocate for the Informant

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, learned counsel for the informant 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 G.R. Case No.169 of 2022, arising out of Brahmagiri P.S. Case No.69 of 2022 pending in the court of learned S.D.J.M., Puri for commission of offence punishable under Sections 147/148/341/323/ 324/326/307/427/506/149, I.P.C. read with Sections 3 and 4 of the Explosive Substances Act.

5.

It is submitted learned counsel for the petitioners that the case has been arose out of political rivalry between the parties. It is further submitted that in the meantime, the matter has been amicably

// 2 // settled.

6.

Learned counsel for the informant submits that the matter has been amicably settled between the parties and an affidavit has been filed by the informant stating therein that the matter has been settled with the petitioners.

7.

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.

8.

Accordingly, the ABLAPL is disposed of.

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

( A.K. Mohapatra) Judge Jagabandhu