Bijay Mishra v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.9032 of 2022 Bijay Mishra and others ....

Petitioners Mr. P.K. Das, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

26.08.2022 02.

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.1912 of 2022, arising out of Pirahat P.S. Case No.112 of 2022 pending in the court of learned S.D.J.M., Bhadrak for commission of offence punishable under Sections 341/294/323/325/ 307/354/506/34, I.P.C.

5.

Considering the nature of allegation, gravity of offence and the fact of the case and the main assailant released on bail, I am not inclined to grant anticipatory bail to the petitioners. However, it is directed that in the event the petitioners surrender and move an application for bail before the learned court in seisin over the matter

// 2 // 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 :- I.

The petitioners shall cooperate with the Investigating Officer as and when required for the purpose of investigation; and II.

they shall not default in attendance of the court during trial on each date of posting.

Violation of any of the terms and conditions shall entail cancellation of bail.

6.

Accordingly, the ABLAPL is disposed of.

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

( A.K. Mohapatra) Judge Jagabandhu