Kuna @ Kuni Bhoi v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.9871 of 2022 Kuna @ Kuni Bhoi and another ....

Petitioners Mr. H.N. Tripathy, Advocate -versusState of Odisha ....

Opp. Party Mr. S. Patra, A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

17.08.2022 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 G.R. Case No.1257 of 2022, arising out of Cuttack Sadar P.S. Case No.219 of 2022 pending in the court of learned J.M.F.C., (R), Cuttack for commission of offence punishable under Sections 452/323/294/427/379/506/34, I.P.C.

5.

It is submitted by learned counsel for the petitioners that the on similar footing with the present petitioners, other co-accused persons have already been released on bail by this Court in ABLAPL No.6333 of 2022 by order dated 29.06.2022.

6.

Considering the nature of allegation, gravity of offence and the fact of the case, I am not inclined to grant anticipatory bail to the

// 2 // 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 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. 7.

It is further directed that the bail granted to the petitioners is subject to the condition that learned court below shall verify whether the petitioners have any criminal antecedents of similar nature. In the event it is found that the petitioners have any criminal antecedents of similar nature, this bail order shall automatically stand revoked. 8.

Accordingly, the ABLAPL is disposed of.

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

( A.K. Mohapatra) Judge Jagabandhu