Narayan Khuntia v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.7155 of 2022 Narayan Khuntia ....
Petitioner Mr. T. Pr. Mohapatra, 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 petitioner and learned Additional Standing Counsel for the State.
3.
This is an application under Section 438, Cr.P.C. filed by the petitioner for anticipatory bail.
4.
The petitioner is seeking pre-arrest bail in connection with G.R. Case No.524 of 2022, arising out of Baliapanda P.S. Case No.27 of 2022 pending in the court of learned S.D.J.M., Puri for commission of offence punishable under Sections 448/341/323/427/354/509/379/120-B/34, I.P.C. read with Section 25 of the Arms Act.
5.
It is submitted by learned counsel for the petitioner that the wife of the petitioner had filed a civil suit against the informant in retaliation to the said action of the father-in-law of the informant. On the retaliation to the said action, the petitioner has been implicated in the present case. It is further submitted by learned counsel for the
// 2 // petitioner that the very same day i.e. 11.03.2022, three cases were registered against the petitioner. It is also submitted that except three cases, there is no other criminal antecedents against the petitioner. 6.
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. However, it is directed that in the event the petitioner surrenders and moves for bail before the learned court in seisin over the matter within a period of three weeks from today in the aforesaid case, he shall be released on bail on such terms and conditions as would be deemed just and proper with further conditions that :- I.
he shall cooperate with the Investigating Officer as and when required for the purpose of investigation;
II.
he shall not default in attendance of the court during trial on each date of posting;
III.
he shall not threaten, harass and terrorize the informant and her /his family members in any manner whatsoever and Violation of any of the terms and conditions shall entail cancellation of bail.
7.
It is further directed that the bail granted to the petitioner is subject to the condition that learned court below shall verify whether the petitioner has any criminal antecedents of similar nature except three cases. In the event it is found that the petitioner has any criminal antecedents of similar nature except three criminal antecedents of similar nature, this bail order shall automatically stand revoked.
// 3 // 8.
Accordingly, the ABLAPL is disposed of.
Urgent certified copy of this order be granted on proper application.
( A.K. Mohapatra) Judge Jagabandhu