Jitu Bhoi v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.4107 of 2022 Jitu Bhoi & others ....
Petitioners Mr. S.K.Jena, Advocate -versusState of Odisha ....
Opposite Party Mr. K.K.Gaya, Addl. Standing Counsel
CORAM:
JUSTICE V.NARASINGH
ORDER
18.05.2022 01.
1.
This matter is taken up through hybrid mode.
Order No.
2.
Heard learned counsel for the parties.
3.
Perused the case diary.
4.
The petitioners are seeking pre-arrest bail in connection with C.T. (Special) Case No. 63 of 2021 arising out of Attabira P.S. Case No. 344 of 2021 pending in the court of learned Sessions Judgecum-Judge, Special Court, Bargarh for commission of offence under Sections 147/294/507/506/149 of the I.P.C. read with Section-3(1)(r), 3(1)(s) and 3(2)(va) of SC/ST(PA) Act.
// 2 // 5.
In the light of the order passed by this Court in the case of Pramod Kumar Ray and others Vrs. State of Odisha, reported in (2017) 67 OCR-309, this ABLAPL is disposed of with the following observations.
6.
The petitioners shall surrender before the learned Sessions Judge-cum-Judge, Special Court, Bargarh, in C.T. (Special) Case No. 63 of 2021 arising out of Attabira P.S. Case No. 344 of 2021 within three weeks from today. Seven days before both the petitioners surrender before the said Court, petitioners or their counsel shall serve a copy of the bail application or such number of copies of the bail application on the learned Public Prosecutor/Special Public Prosecutor, as required by him, for the purpose of notice to the victim and his/her dependent.
7.
Taking into consideration the nature of the offence as alleged against the petitioners, it is directed that the petitioners shall be released on interim bail by the learned Sessions Judge-cumJudge, Special Court, Bargarh, on the same day they surrender in the aforesaid case, pending disposal of the bail application on merit, on such terms and conditions as deemed just and proper, including the following conditions:-
// 3 // i) the petitioners shall appear before the I.O. once in a week on the day and time fixed by the said I.O. until further order by the learned Sessions Judge-cum-Judge, Special Court, Bargarh, ii) the petitioners shall not threaten, induce or coerce any witness of this case or the victim or his/her dependent in any manner whatsoever;
and iii) the petitioners shall not involve themselves in similar or any other offence during currency of this order.
8.
Within two weeks of appearance of the victim and/or informant, the matter shall be considered on its own merits.
9.
The ABLAPL accordingly stands disposed of.
10.
Urgent certified copy of this order be granted as per rules.
(V.Narasingh) Dhal Judge
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