Jitendra Bhutia v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.7613 of 2022 Jitendra Bhutia & Others ....

Petitioners Mr. Arijeet Mishra, Advocate -versusState of Odisha ....

Opposite Party Mr. Sitikant Mishra, A.S.C.

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

25.08.2022 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 341/323/324/307/427/34, I.P.C.

4.

Learned counsel for the Petitioners submits that the injuries caused to the injured are simple in nature. Learned counsel for the State, on instruction, confirms the aforesaid fact. Learned counsel for the Petitioner further submits that one of the co-accused has already been released on bail by this Court, vide order dated 23.08.2022 passed in ABLAPL No.10007 of 2022.

5.

Considering the aforesaid submissions, nature of allegation, gravity of the offence and facts of the case, although I am not

// 2 // inclined to grant anticipatory bail to the Petitioners, however it is observed that, in the event the Petitioners surrender and move for bail before the learned J.M.F.C., Jajpur Road in C.T. Case No.769 of 2022 corresponding to Jakhapura P.S. Case No.65 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. 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