Ashok Kumar Singh v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.8484 of 2022 Ashok Kumar Singh and others ....

Petitioners Mr. A. Pradhan, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

28.07.2022 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 are seeking pre-arrest bail in connection with G.R. Case No.509 of 2022, arising out of Rajgangpur P.S. Case No.297 of 2022 pending in the court of learned J.M.F.C., Rajgangpur for commission of offence punishable under Sections 341/294/323/ 354/506/34, I.P.C.

5.

It is submitted learned counsel for the petitioners that there was a civil dispute between the parties. It is further submitted that the petitioners have been falsely implicated in the present case. 6.

Considering the nature of allegation, gravity of offence and the fact of the case, I am not inclined to grant anticipatory bail to the

// 2 // 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 in the aforesaid case, they shall be released on bail on such terms and conditions as would be deemed just and proper with further conditions that petitioner shall not harass, torture, threaten or terrorize the informant and his/her family members in any manner whatsoever and he shall cooperate with the Investigating Officer as when required for the purpose of investigation. Violation of any of the terms and conditions shall entail cancellation of bail.

7.

It is open for the court in seisin over the matter to impose other conditions as may be deemed just and proper. 8.

Accordingly, the ABLAPL is disposed of.

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

( A.K. Mohapatra) Judge Jagabandhu