Janardhan Dehury v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.8333 of 2022 Janardhan Dehury & others ....

Petitioners Mr. S.K.Jena, Advocate -versusState of Odisha ....

Opp.Party Mr.S.Patra, A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

27.07.2022 01.

1.

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

2.

Heard learned counsel for the Petitioners and the learned Additional Standing Counsel. Perused the records. 3.

This is an application under Section 438 Cr.P.C. filed by the Petitioners for anticipatory bail.

4.

Learned counsel for the Petitioner submits that initially a case under section 307 of the Indian Penal Code was registered. However, during investigation the offence under section 307 of the Indian Penal Code has been deleted. So far as the remaining offences are concerned, learned counsel for the Petitioners submits that only 506 of the Indian Penal Code is non-bailable in nature. 5.

Considering the nature of allegations made, gravity of the offence and the fact of the case, I am not inclined to grant anticipatory bail to the Petitioners. However, it is directed that in the

// 2 // event the Petitioners surrender before the learned S.D.J.M., Bonai in G.R.Case No.449 of 2022 arising out of Lahunipada P.S.Case No.113 of 2022 within a period of three weeks from today and move for bail, they shall be released on bail on such terms and conditions as would be deemed just and proper by the learned Magistrate and subject to verification of criminal antecedents of similar nature. 6.

The ABLAPL is accordingly disposed of.

7.

Issue urgent certified copy of the order as per Rules. ( A.K. Mohapatra ) Judge RKS