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Orissa High CourtABLAPL/7302/2022disposed off

Jayadeba Barik v. State Of Odisha

2022-07-19Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.7302 of 2022 Jayadeba Barik and others ....

Petitioners Mr. Mahes Das, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

19.07.2022 01.

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 seeking pre-arrest bail in connection with G.R. Case No.261 of 2022, arising out of Naikanidihi P.S. Case No.72 of 2022 pending in the court of learned J.M.F.C., Basudevpur for commission of offence punishable under Sections 341/294/323/ 307/506/34, I.P.C.

5.

It is submitted by learned counsel for the petitioners that the petitioner has been falsely implicated in the present case and the petitioner does not have any criminal antecedent. 6.

It is submitted by learned counsel for the petitioners that as per injury report, the injured sustained injuries are simple in nature. 7.

Considering the nature of allegation, gravity of offence and the

// 2 // fact of the case, I am not inclined to grant anticipatory bail to the petitioners. However, it is directed that in the event the petitioners surrender before the learned court in seisin over the matter within a period of three weeks from today, they shall be released on bail on such terms and conditions as would be deemed just and proper subject to condition that the petitioners shall cooperate with the Investigating Officer as and when required for the purpose of investigation. 8.

Accordingly, the ABLAPL is disposed of.

Urgent certified copy of this order be granted on proper application.

Jagabandhu ( A.K. Mohapatra) Judge