Sarukh Ali Khan @ Sk Sarukh v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.10253 of 2022 Sarukh Ali Khan @ Sk. Sarukh and another ....
Petitioners Mr. Kuldeep Mohanty, Advocate -versusState of Odisha ....
Opp. Party Mr. S. Mishra, A.S.C.
CORAM:
JUSTICE A.K. MOHAPATRA Order No.
ORDER
30.08.2022 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.727 of 2022, arising out of Balasore Town P.S. Case No.157 of 2022 pending in the court of learned S.D.J.M., Balasore for commission of offence punishable under Sections 147/148/188/ 353/307/323/341/336/427/333/332/149, I.P.C. read with Section 27 of the Indian Arms Act and Section 7 of the Criminal Law (Amendment) Act.
5.
Considering the nature of allegation, gravity of offence and the fact of the case, I am not inclined to grant anticipatory bail to the petitioners. However, it is directed that in the event the petitioners
// 2 // 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 with further conditions that :- I.
The petitioners shall cooperate with the Investigating Officer as and when required for the purpose of investigation;
II.
they shall not default in attendance of the court during trial on each date of posting;
III.
while on bail, they shall not threaten, harass and terrorize the informant and her /his family members in any manner whatsoever; and IV.
they shall not indulge in similar criminal activities while on bail.
Violation of any of the terms and conditions shall entail cancellation of bail.
6.
Accordingly, the ABLAPL is disposed of.
Urgent certified copy of this order be granted on proper application.
( A.K. Mohapatra) Judge Jagabandhu