Kanha Rath v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.8951 of 2022 Kanha Rath and others ....

Petitioners Mr.Manoj Kumar Nayak, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

30.08.2022 03.

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.

It is submitted by the learned counsel for the Petitioners that the injuries sustained are simple in nature. Further, it is submitted by the learned counsel for the Petitioners that the Petitioners do not have criminal antecedents.

5.

Considering the nature of allegations made, gravity of the offence and the facts of the case, I am not inclined to grant anticipatory bail to the Petitioners. However, it is directed that in the event the Petitioners surrender before the learned S.D.J.M., Berhampur in Badabazar P.S.Case No.177 of 2022 within a period of

// 2 // 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 but subject to verification of criminal antecedents of similar nature against the Petitioners. It is directed that the Petitioners while on shall cooperate with the investigation and appear before the I.O. as and when required. They shall appear before the trial court on each and every date fixed. They shall not threaten, influence terrorise or harass the informant and her family members while on bail. Violation of conditions shall entail cancellation of bail.

6.

Accordingly, the ABLAPL is disposed of.

7.

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