Prabhat @ Pravat Kumar Das v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.9002 of 2022 Prabhat @ Pravat Kumar Das & Others ....

Petitioners Mr. Debasish Samal, Advocate -versusState of Odisha ....

Opposite Party Mr. Sitikant Mishra, A.S.C.

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

03.08.2022 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 offence punishable under Sections 448/294/323/354-B/379/506/34, I.P.C. 4.

It is stated by learned counsel for the Petitioners that the Petitioners and the Informant belong to one family. Due to family dispute, a scuffle took place between the two groups, as a result of which case and counter case have been lodged against each other. 5.

Considering the nature of allegation, gravity of the offence and facts of the case, although I am not inclined to grant anticipatory bail to the Petitioners, however it is observed that, in the event the

// 2 // Petitioners surrender before the learned J.M.F.C., Basta in C.T. Case No.490 of 2022 corresponding to Baliapal P.S. Case No.167 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 in the facts and circumstances of the case, but subject to the condition that while on bail, the Petitioners shall not threaten, terrorise, ill-treat or harass the Informant or her family members in any manner whatsoever. Violation of any of the conditions shall entail cancellation of bail of the Petitioner.

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