Amit Kumar Pradhan v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.6926 of 2022 Amit Kumar Pradhan and others ....

Petitioners Mr. Chandan Samantaray, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

25.08.2022 03.

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.216 of 2022, arising out of Jarada P.S. Case No.173 of 2022pending in the court of learned J.M.F.C., Patrapur for commission of offence punishable under Sections 341/294/323/324/307/506/34, I.P.C.

5.

Learned counsel for the petitioners does not want to press the bail application of petitioner no.1 and petitioner no.3. accordingly, the bail application of petitioner no.1 and petitioner no.2 stands disposed of as not pressed.

6.

So far as the petitioner no.2-Uali Gouda and petitioner no.4Gupta Naik are concerned. It is submitted by learned counsel for the petitioners that the allegation of assault the petitioner no.1 and

// 2 // petitioner no.4.

7.

Considering the nature of allegation, gravity of offence and the fact of the case, I am not inclined to grant anticipatory bail to the petitioner no.2-Uali Gouda and petitioner no.4-Gupta Naik. However, it is directed that in the event the petitioner no.2-Uali Gouda and petitioner no.4-Gupta Naik surrender and move 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.

they shall cooperate with the Investigating Officer as and when required for the purpose of investigation;

II.

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

III.

they shall not threaten, harass and terrorize the informant and her /his family members in any manner whatsoever; and IV.

they shall not tamper with the prosecution evidence in any manner whatsoever.

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

// 3 //