Gagan Bhatta @ Mania Bhatta v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 5485 of 2022 Gagan Bhatta @ Mania Bhatta and others ....

Petitioners Mr. S.K. Bhanjadeo, Advocate -versusState of Odisha ....

Opposite Party Mr. P. Tripathy, 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 petitioners and learned counsel for the State.

3.

Perused the case diary.

4.

The petitioners are seeking pre-arrest bail in connection with T.R. Case No.165 of 2022, arising out of Bhubaneswar Info Valley P.S. Case No.89 of 2022 pending in the file of Additional District & Sessions Judge-cum-Special Judge, (SC and ST), Bhubaneswar for commission of offence punishable under Sections 341/294/323/354/506/34 of IPC read with Section 3(1)(c), 3(1)(e), 3(1)(s), 3(1)(w)(i) SC and ST 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 petitioners shall surrender before the learned Additional District & Sessions Judge-cum-Special Judge, (SC and ST), Bhubaneswar, in T.R. Case No.165 of 2022, arising out of Bhubaneswar Info Valley P.S. Case No.89 of 2022 within three weeks from today. Seven days before 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 Additional District & Sessions Judge-cum-Special Judge, (SC and ST), Bhubaneswar, 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 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;

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) Vacation Judge Santoshi