Kampa Gouda v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.7280 of 2022 Kampa Gouda & Others ....

Petitioners Mr. Jyotirmaya Sahoo, Advocate -versusState of Odisha ....

Opposite Party Mr. P.C. Das, A.S.C.

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

08.08.2022 Order No.

02.

1.

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

2.

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

3.

This is an application under Section 438, Cr.P.C. filed by the Petitioners for anticipatory bail, involving offence punishable under Sections 147/148/294/323/427/452/384/506/149, I.P.C. and Section 25 of the Arms Act.

4.

Considering the nature of allegation, gravity of the offence and facts of the case, although I am not inclined to grant anticipatory bail to the Petitioners, however it is observed that, in the event the Petitioners surrender before the learned S.D.J.M., Chhatrapur in G.R. Case No.509 of 2022 corresponding to Gram Ganjam P.S. Case No.88 of 2022 within a period of three weeks from today, the Petitioners shall be released on bail on such terms and conditions as the learned Magistrate may deem just and proper in the facts and

// 2 // circumstances of the case, but subject to verification of criminal antecedents of the Petitioners. In the event it is found that there is more than one criminal antecedent of similar nature against the Petitioners, then this bail order shall stand automatically revoked. Further, while imposing conditions for bail, learned Magistrate shall also impose the conditions whereby the Petitioners shall not threaten, terrorise, influence or harass the Informant and his family members and also the prosecution witnesses in any manner whatsoever. They shall also appear before the I.I.C. of the concerned P.S. once in every fortnight till conclusion of trial. Violation of any of the conditions shall entail cancellation of bail of the Petitioners.

5.

The ABLAPL is disposed of accordingly.

6.

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