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Orissa High CourtABLAPL/4615/2022disposed off

Gedala Uday Kiran @ G.Uday v. State Of Odisha

2022-09-05Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.4615 of 2022 Gedala Uday Kiran @ G. Uday and others ....

Petitioners Mr. Ashok Das, Advocate -versusState of Odisha ....

Opp. Party Mr. S. Patra, A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

05.09.2022 02.

1.

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

2.

Heard learned counsel for the petitioners and learned Additional Standing Counsel for the State.

3.

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

4.

The petitioners are seeking pre-arrest bail in connection with G.R. Case No.155 of 2022, arising out of Paralakhemundi P.S. Case No.59 of 2022 pending in the court of learned S.D.J.M., Paralakhemundi for commission of offence punishable under Sections 341/323/324/307/506/34, I.P.C.

5.

It is submitted by learned counsel for the petitioners that he does not want to press the bail application of the petitioner no.1Gedala Uday Kiran @ G.Uday. Accordingly, the bail application of the petitioner no.1-Gedala Uday Kiran @ G.Uday stands dismissed as not pressed.

// 2 // 6.

So far as petitioner nos.2-Pota Mehesh @ Putta Mehesh and petitioner no.3-M. Sai Kiran @ Mangi Sai are concerned. Considering the nature of allegation, gravity of offence and the fact of the case, I am not inclined to grant anticipatory bail to the nos.2Pota Mehesh @ Putta Mehesh and petitioner no.3-M. Sai Kiran @ Mangi Sai. However, it is directed that in the event the nos.2-Pota Mehesh @ Putta Mehesh and petitioner no.3-M. Sai Kiran @ Mangi Sai surrender and move an application for bail before the learned court in seisin over the matter within a period of three weeks from today in the aforesaid case, they shall be released on bail on such terms and conditions as would be deemed just and proper with further conditions that :- I.

The petitioners shall cooperate with the Investigating Officer as and when required for the purpose of investigation; and II.

they shall not default in attendance of the court during trial on each date of posting;

Violation of any of the terms and conditions shall entail cancellation of bail.

7.

Accordingly, the ABLAPL is disposed of.

Urgent certified copy of this order be granted on proper application.

( A.K. Mohapatra) Judge Jagabandhu