Badal Patra v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.8620 of 2022 Badal Patra and others ....

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

Opp. Party Mr. M.K. Mohanty, A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

29.07.2022 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.449 of 2022, arising out of Lahunipada P.S. Case No.113 of 2022 pending in the court of learned S.D.J.M., Bonai for commission of offences punishable under Sections 143/147/294/ 307/149/506 of I.P.C.

5.

Learned counsel for the petitioner submits that initially a case under Section 307 of the I.P.C. was registered. However, during investigation the offence under Section 307 of the I.P.C. has been deleted. So far as the remaining offences are concerned, learned counsel for the petitioners submits that only 506 of the I.P.C. is non-

// 2 // bailable in nature.

6.

Considering the nature of allegations and gravity of offence and the fact of the case, I am not inclined to grant anticipatory bail to the petitioners. However, it is observed that, in the event the petitioners surrender before the learned court in seisin over the matter within a period of three weeks from today and move for bail, the petitioners shall be released on bail on such terms and conditions as the learned Magistrate may deem fit and proper, after due verification of criminal antecedents of similar nature.

7.

Accordingly, the ABLAPL is disposed of.

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

( A.K. Mohapatra) Judge Jagabandhu