Prasanna Kumar Das @ Litua v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.5978 of 2022 Prasanna Kumar Das @ Litua & Others ....

Petitioners Mr. Samarendra Bahadur, Advocate -versusState of Odisha ....

Opposite Party Mr. M.K. Mohanty, A.S.C.

Mr. Chiranjay Mohanty, Adv. for Informant

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

11.10.2022 Order No.

02.

1.

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

2.

Heard learned counsel for the Petitioners, learned Addl. Standing Counsel for the State and learned counsel for the Informant. 3.

This is an application under Section 438, Cr.P.C. filed by the Petitioners for anticipatory bail, involving offence punishable under Sections 452/294/323/324/326/307/354/506/34, I.P.C. 4.

Learned counsel for the Petitioners submits that he does not want to press this bail application in respect of Petitioner No.6. Accordingly, the ABLAPL is dismissed as not pressed so far as Petitioner No.6 - Suryamani Lenka is concerned. 5.

So far as other Petitioners, i.e. Petitioner Nos.1 to 5 and 7 to 11 are concerned, taking into consideration the seriousness of the allegation, gravity of the offence and the facts of the case, although I

// 2 // am not inclined to grant anticipatory bail to these Petitioners, however it is observed that, in the event all these ten Petitioners surrender and move for bail before the learned J.M.F.C., Niali in G.R. Case No.144 of 2022 corresponding to Niali P.S. Case No.157 of 2022 within a period of three weeks from today, they shall be released on bail on such terms and conditions as the learned Magistrate may deem just and proper in the facts and circumstances of the case.

However, while imposing conditions for bail, learned Magistrate shall also impose the following additional conditions - (i) The Petitioners shall appear before the I.O. and shall cooperate with the investigation as and when required by the I.O.;

(ii) They shall not threaten, terrorise, ill-treat or harass the Informant and her family members including the prosecution witnesses in any manner whatsoever. (iii) They shall appear before the learned trial court on each date fixed for trial, without fail.

Violation of any of the conditions shall entail cancellation of bail of the Petitioners.

6.

The ABLAPL is disposed of accordingly.

7.

Urgent certified copy of this order be granted as per rules. (A.K. Mohapatra) Judge S.K.Parida