Ratikanta Dalai v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.7956 of 2022 Ratikanta Dalai & Others ....

Petitioners Mr. Aparesh Bhoi, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

22.07.2022 Order No.

01.

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 offences punishable under Sections 341/323/294/506/307/354-B/427/379/34, I.P.C. 4.

Learned counsel for the Petitioners submit that, there exists longstanding civil disputes between the Petitioners and Informant's family and the present case is outcome of that issue. He further submits that there is case and counter-case pending between the parties.

5.

Considering such submission, nature of allegation, gravity of the offence and the facts of the case, I am not inclined to grant anticipatory bail to the Petitioners. However, it is observed that, in

// 2 // the event the Petitioners surrender before the learned J.M.F.C., Basudevpur in G.R. Case No.579 of 2022 corresponding to Basudevpur P.S. Case No.272 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, but subject to verification of Injury Report. If the injuries are found to be grievous in nature, then this bail order shall not be given effect to.

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