Chakradhar Gagarai v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.9767 of 2022 Chakradhar Gagari and others ....

Petitioner Mr. S. Pr. Dash, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

16.08.2022 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 C.T. Case No.255 of 2022, arising out of Karanjia P.S. Case No.161 of 2022 pending in the court of learned S.D.J.M., Karanjia for commission of offence punishable under Section 25 of the Arms Act. 5.

Considering the nature of allegation, gravity of 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 court in seisin over the matter within a period of three weeks from today, they shall be released on bail on such terms and conditions as would be deemed just and proper subject to

// 2 // condition that they shall furnish cash security of Rs.5,000/- (rupees five thousand) with further condition that while on bail, they shall not indulge similar nature of criminal activities besides other conditions would be imposed by the learned court below while releasing the petitioners on bail.

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

6.

It is open for the learned court below, if the petitioners fail to do so, then the learned court below shall proceed against the petitioners in accordance with law.

7.

Accordingly, the ABLAPL is disposed of.

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

( A.K. Mohapatra) Judge Jagabandhu