Piyusa Ranjan Parida @ Piusa v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.10262 of 2022 Piyush Ranjan Parida @ Piusa ....
Petitioner Mr. A.S. Paul, 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.
Informant enters appearance through Mr.S. Dwibedi and his associates in Court today and files Vakalatnama. The same is accepted and be kept on record.
3.
Heard learned counsel for the petitioner and learned Additional Standing Counsel for the State.
4.
This is an application under Section 438, Cr.P.C. filed by the petitioner for anticipatory bail.
5.
The petitioner seeking pre-arrest bail in connection with G.R. Case No.294 of 2022, arising out of Chandpur P.S. Case No.110 of 2022 pending in the court of learned J.M.F.C., Ranpur for commission of offence punishable under Sections 341/294/323/324/ 307/506/34, I.P.C. read with Sections 25 and 27 of the Arms Act. 6.
It is submitted by learned counsel for the informant that the petitioner is the owner of a Dhaba and he is creating havoc in the
// 2 // locality and threatening everybody.
7.
It is submitted by leaned counsel for the petitioner that the injuries sustained by the injured are simple in nature. Further, it is submitted by learned counsel for the petitioner that the petitioner has two criminal antecedents. Out of two criminal antecedents, one case is under Section 302, I.P.C. in which case he has already been acquitted and the other case is under Section 51(a) of Orissa Excise Act.
8.
Considering the nature of allegation, gravity of offence and the fact of the case, I am not inclined to grant anticipatory bail to the petitioner. However, it is directed that in the event the petitioner surrenders and moves 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, he shall be released on bail on such terms and conditions as would be deemed just and proper with further conditions that :- I.
The petitioner shall cooperate with the Investigating Officer as and when required for the purpose of investigation;
II.
he shall not default in attendance of the court during trial on each date of posting;
III.
while on bail, he shall not threaten, harass and terrorize the informant and her /his family members in any manner whatsoever; and IV.
he shall appear before the concerned Police Station once in a fortnight preferably on Sunday in between 10.00 A.M. to 1.00 P.M. till conclusion
// 3 // of trial.
Violation of any of the terms and conditions shall entail cancellation of bail.
9.
Accordingly, the ABLAPL is disposed of.
Urgent certified copy of this order be granted on proper application.
( A.K. Mohapatra) Judge Jagabandhu