Duryadhan @ Durjyodhan Mahakud v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 5864 of 2022 Duryadhan @ Durjyodhan Mahakud ....

Petitioner Mr. Julu Khansama, Advocate -versusState of Odisha ....

Opposite Party Mr. S.S. Pradhan, AGA Mr.M. Pagal, Adv. for Informant

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

17.06.2022 1.

1.

This matter is taken up through hybrid arrangement (virtual/physical mode).

2.

Heard learned counsel for the Petitioner, learned counsel for the State and learned counsel for the Informant and perused the records.

3.

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

4.

It is submitted by learned counsel for the Petitioner that the injuries sustained by the injured person are simple in nature. 5.

Considering the nature and gravity of offences alleged against the Petitioner, I am not inclined to release the Petitioner on bail. However, this Court directs that in the event the Petitioner surrenders before the S.D.J.M., Rairakhol in G.R. Case No.138 of 2022, arising out of Rairakhol P.S. Case No.49 of 2022 within a period of three weeks from today, he shall be released on bail on such terms and

// 2 // conditions as the learned Magistrate may deem just and proper. 6.

It is further directed that in the event of release of the Petitioner, he shall not indulge in any offences, tamper with the evidence or threat to the prosecution witnesses and cooperate with the investigation.

7.

This Court further observes that if the Petitioner is found to have indulged in similar type of offences, this order shall automatically stand revoked and the learned Magistrate shall issue NBW of arrest against the accused Petitioner. 8.

The ABLAPL is accordingly disposed of.

9.

Issue urgent certified copy as per rules.

(A.K. Mohapatra) Vacation Judge U.K.Sahoo