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Orissa High CourtABLAPL/10111/2022disposed off

Chandan Kumar Jena v. State Of Odisha

2022-08-25Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.10111 of 2022 Chandan Kumar Jena and others ....

Petitioners Mr. S.N.Mishra,Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

25.08.2022 01.

1.

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

2.

Heard learned counsel for the Petitioners and the learned Additional Standing Counsel. Perused the records. 3.

This is an application under Section 438 Cr.P.C. filed by the Petitioners for anticipatory bail.

4.

It is submitted by the learned counsel for the Petitioners that the allegation of assault is against one Ranjan Jena, who has assaulted the victim repeatedly. It is further submitted by the learned counsel for the Petitioners that both the Petitioners and informant belong to one family. Because of family dispute a scuffle took place. 5.

Considering the nature of allegations made, gravity of the offence and the fact of the case, I am not inclined to grant

// 2 // anticipatory bail to the Petitioners. However, it is directed that in the event the Petitioners surrender before the learned J.M.F.C., Konark in G.R.Case no.536 of 2022 arising out of Konark P.S.Case No.169 of 2022 within a period of three weeks from today and move for bail, they shall be released on bail on such terms and conditions as would be deemed just and proper by the learned Magistrate with further conditions that the Petitioners while on bail shall not threaten, influence, terrorise or harass the informant and his family members in any manner whatsoever, they shall cooperate with the investigation and shall appear before the I.O. as and when required. Violation of conditions shall entail cancellation of bail. 6.

Accordingly, the ABLAPL is disposed of.

7.

Issue urgent certified copy of this order as per Rules. ( A.K. Mohapatra) Judge RKS