Bholanth Dash v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.9895 of 2022 Bholanath Dash & Others ....

Petitioners Mr. Nrusingha Charan Rout, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

22.08.2022 Order No.

01.

1.

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2.

Heard learned counsel for the Petitioners as well as learned Counsel for the State.

3.

This is an application under Section 438, Cr.P.C. filed by the Petitioners for anticipatory bail, involving offences punishable under Sections 341/294/323/354/379/307/506/34, I.P.C. 4.

Considering the seriousness and gravity of the offence as alleged and the facts of the case, although this Court is not inclined to grant anticipatory bail to the Petitioners, however it is observed that, in the event Petitioner Nos.2, 3, 4 & 5 namely Tapaswani Dash, Subash Chandra Dash, Bhabani Dash & Padmanav Dash respectively surrender before the learned J.M.F.C., Jaleswar in C.T. Case No.288 of 2022 corresponding to Jaleswar P.S. Case No.253 of 2022 within a period of three weeks from today, they shall be released on bail on such terms and conditions as the learned Magistrate may deem just

// 2 // and proper in the facts and circumstances of the case, but subject to the conditions that the Petitioners shall not threaten, terrorise, ill-treat or harass the Informant and her family members in any manner whatsoever. Violation of any of the conditions shall entail cancellation of bail of the Petitioners.

5.

However, so far as Petitioner No.1 - Bholanath Dash is concerned, he is given liberty to surrender before the learned J.M.F.C., Jaleswar in the aforesaid C.T. Case in the first hour within 21 working days hence and move for bail. In such event, the learned Magistrate shall consider the bail application of Petitioner No.1 in the first hour of the day, strictly on the basis of the materials on record. In case of rejection of the bail application by the learned Magistrate, Petitioner No.1 may move for bail before the higher forum in the second hour of the same day. In that event, the higher forum shall consider and dispose of the bail application of Petitioner No.1 on the same day on merit, strictly on the basis of the materials available on record. Ground of parity, if canvassed by the learned counsel for the Petitioners, shall be taken into consideration by the learned Courts below while considering the bail application of Petitioner No.1 in accordance with law.

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