Santosh Pahadsingh v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.3505 of 2022 Santosh Pahadsingh ....

Petitioner Mr. S.K.Sarangi,Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

17.08.2022 02.

1.

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

2.

Heard learned counsel for the Petitioner and the learned Additional Standing Counsel. Perused the records. 3.

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

4.

It is submitted by the learned counsel for the Petitioner that due to political rivalry, the Petitioner as well as the informant group indulged in a scuffle, as a result of which both side sustained injuries. As a result of such incident, case and counter case have been filed. He further submits that some of the accused persons in the counter F.I.R. have been released on bail. It is further submitted that the allegations are omnibus in nature. No specific allegation has been

// 2 // made against any of the co-accused.

5.

Considering the entirety of the case and further taking into consideration the seriousness and gravity of the offence, I am not inclined to grant anticipatory bail to the Petitioner. However, it is directed that in the event the Petitioner surrenders before the learned J.M.F.C.(O), Bhubaneswar in G.R.Case no.325 of 2022 arising out of Chandaka P.S.Case No.74 of 2022 within a period of three weeks from today and moves for bail, he shall be released on bail on such terms and conditions as would be deemed just and proper by the learned Magistrate with further conditions that the Petitioner while on bail shall not be indulged in similar nature of offences and maintain peace and tranquility in the locality. He shall also not threaten influence, terrorise or harass the informant and his family members in any manner whatsoever. He shall also cooperate with the investigation and shall appear before the I.O. as and when required. Further he shall also appear before the trial court on each and every date fixed Violation of any conditions shall entail cancellation of bail.

6.

Accordingly, the ABLAPL is disposed of.

7.

Issue urgent certified copy of this order as per Rules. ( A.K. Mohapatra) Judge RKS