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Orissa High CourtABLAPL/10175/2022disposed off

Prakash Chandra Parida v. State Of Odisha

2022-08-26Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.10175 of 2022 Prakash Chandra Parida and another ....

Petitioners Mr. A.S.Paul,Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

26.08.2022 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 Petitioners and the informant are known to each other and there was a long standing political dispute between the parties. He also submits that the allegations made in the F.I.R. are false, fabricated and afterthought. It is also submitted by the learned counsel for the Petitioners that the injuries sustained by the injured are simple in nature.

// 2 // 5.

Considering the nature of allegations made, gravity of the 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 J.M.F.C., Ranpur in G.R.Case No.294 of 2022 arising out of Chandpur P.S.Case No.110 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 cooperate with the investigation and shall appear before the I.O. as and when required and shall appear before the trial Court on each and every date fixed. The Petitioner shall not cause any disturbance in the road construction work that has been undertaken by NHAI. Violation of conditions shall entail cancellation of bail. 6.

Accordingly, the ABLAPL is disposed of.

7.

Issue urgent certified copy of this order in course of the day. ( A.K. Mohapatra) Judge RKS