Bishal Kar v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 4456 of 2022 Bishal Kar ....

Petitioner Mr. A.K. Panda, Advocate -versusState of Odisha and another ....

Opposite Parties Mr. P. Mohapatra, 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 petitioner and learned counsel for the State.

3.

The petitioner is seeking pre-arrest bail in connection with Special G.R. Case No.69 of 2022, arising out of Talsara P.S. Case No.69 of 2022 pending in the Court of learned District & Sessions Judge Cum-Special Judge, Sundargarh for commission of offence punishable under Sections 448/332/294/506/34 of the IPC. Considering the submissions made by both the learned counsel, in the light of the order passed by this Court in the case of Promod Kumar Ray and others vrs. State of Odisha reported in

(2017) 67 OCR 309, this ABLAPL is disposed of with the following observations.

5.

The petitioner shall surrender before the learned District & Sessions Judge Cum-Special Judge, Sundargarh, in Special G.R. Case No.69 of 2022, arising out of Talsara P.S. Case No.69 of 2022 within two weeks from today. Seven days before both the petitioner surrender before the said Court, Petitioner or his 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.

6.

Taking into consideration the nature of the offence as alleged against the petitioner, it is directed that the petitioner shall be released on Interim Bail by the learned District & Sessions Judge Cum-Special Judge, Sundargarh on the same day he 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 petitioner 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 petitioner shall not threaten, induce or coerce any witness of this case or the victim or his/her dependent in any manner whatsoever, and 3) the petitioner shall not involve himself in similar or any other offence during currency of this order.

7.

Within two weeks of appearance of the victim and/or informant, the matter shall be considered on its own merits. 8.

Accordingly, the ABLAPL stands disposed of.

9.

Urgent certified copy of this order be granted as per rules. (V. NARASINGH) Judge Santoshi