Mani Behera v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.3744 of 2022 Mani Behera & Others ....

Petitioners Mr. Omkar Devdas, Advocate -versusState of Odisha ....

Opposite Party Mr. Shashank Patra, A.S.C.

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

23.08.2022 Order No.

02.

1.

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

2.

Heard learned counsel for the Petitioners and learned Addl. Standing Counsel for the State.

3.

This is an application under Section 438, Cr.P.C. filed by the Petitioners for anticipatory bail, involving offence punishable under Sections 147/341/294/323/332/506/224/225/186/149, I.P.C. 4.

Learned counsel for the Petitioners submits that the present bail application has been infructuous so far as Petitioner No.30 - Bijaya Behera is concerned. Accordingly, the ABLAPL is dismissed as infructuous so far as Petitioner No.30 is concerned. 5.

It is further submitted by learned counsel for the Petitioners that the present case arises out of the incident when the informant who happens to be the S.I. of Police, was obstructed by the

// 2 // Petitioners from performing his official duty and was criminally intimidated.

6.

Considering the seriousness of the allegation, gravity of the offence and facts of the case, although I am not inclined to grant anticipatory bail to the Petitioners, however it is observed that, in the event the Petitioners surrender and move for bail before the learned S.D.J.M., Kujanga in G.R. Case No.220 of 2022 corresponding to Abhayachandpur P.S. Case No.115 of 2022 within a period of three weeks from today, they 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.

While imposing conditions for bail, learned Magistrate shall also impose the following conditions - (i) The Petitioners shall appear before the I.O. and shall cooperate with the investigation as and when required. (ii) They shall also appear before the learned trial court on each date of trial, without fail.

Violation of any of the conditions shall entail cancellation of bail of the Petitioners.

7.

The ABLAPL is disposed of accordingly.

8.

Urgent certified copy of this order be granted as per rules. (A.K. Mohapatra) Judge S.K.Parida