Arabinda Das v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No. 5464 of 2022 Arabinda Das ....
Petitioner Mr. M.R. Behera, Advocate -versusState of Odisha ....
Opposite Party Mr. S.R. Sahoo, ASC CORAM: JUSTICE V. NARASINGH
ORDER
10.06.2022 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.
Perused the case diary.
4.
The petitioner is seeking pre-arrest bail in connection with SPL G.R. Case No.38 of 2020, arising out of Brahmagiri P.S. Case No.31 of 2020 pending in the file of Special Judge, Special Court under SC & ST (POA) Act, Puri for commission of offence punishable under Sections 452/294/506/427 and 34 of IPC, read with Section 3(1)(r)(s) & 3(2)(va) of SC & ST (POA) Act. 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 petitioner shall surrender before the learned Special Judge, Special Court under SC & ST (POA) Act, Puri, in SPL G.R. Case No.38 of 2020, arising out of Brahmagiri P.S. Case No.31 of 2020 within three weeks from today. Seven days before the petitioner surrender before the said Court, petitioner 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 petitioner shall be released on interim bail by the learned Special Judge, Special Court under SC & ST (POA) Act, Puri, 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:- i) 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;
ii) 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 iii) the petitioner shall not involve himself 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) Vacation Judge Santoshi