Dhananjaya Panda v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 4404 OF 2022 Dhananjaya Panda & Others .........

Petitioners Mr. J.Mohapatra, Advocate -versusState of Odisha ............

Opposite Party Mr. K.K. Gaya, ASC

CORAM:

JUSTICE V. NARASINGH

ORDER

19.05.2022 Order No.

01.

1.

This matter is taken up through Hybrid Mode.

2.

Heard learned counsel for the petitioners and learned counsel for the State.

3.

The petitioners are seeking pre-arrest bail in connection with Special Case No. 09 of 2022, arising out of Bhadrak Rural P.S. Case No. 33 of 2022 pending in the Court of learned Special Judge-cum-District Judge, Bhadrak for the alleged commission of offence punishable under Sections-341/323/294/506/379/34 of the I.P.C. read with Section 3(1)(2)(v) of SC & ST (P.A) Act. 4.

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.

4-1.

The petitioners shall surrender before the learned Special Judge-cum-District Judge, Bhadrak in Special Case No. 09 of 2022 corresponding to Bhadrak Rural P.S. Case No. 33 of 2022 within two weeks from today. Seven days before the petitioners surrenders 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.

5.

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 Additional Special Judge, Boudh 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:;

(1) 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 Special Judge;

(2.) The petitioners shall not threaten, induce or coerce any witness of this case or the victim or his/her dependant in any manner whatsoever; and

(3) the petitioners shall not involve themselves in similar or any other offence during currency of this order. 6.

Within two weeks of appearance of the victim and/or informant, the matter shall be considered on its own merits. 7.

Accordingly, the ABLAPL stands disposed of.

8.

Urgent certified copy of this order be granted as per rules.

( V.Narasingh ) Balaram Judge