Manoj Behera @ Manoj Naik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.10722 of 2022 Manoj Behera @ Manoj Naik and others ....

Petitioners Mr. D.K. Dhar, Advocate -versusState of Odisha ....

Opp. Party Mr. P.C. Das, A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

08.09.2022 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 G.R. Case No.371 of 2022 arising out Parjang P.S. Case No.386 of 2022 pending in the court of learned J.M.F.C., Parjang for commission of offences punishable under Sections 147/148/341/ 294/323/324/307/506/149, I.P.C.

5.

It is submitted by learned counsel for the petitioners that the allegation of assault is against one Manguli Nayak, who had assaulted the son of the informant by means of crowbar and the present petitioners were present at the spot and they have not committed any assault on the son of the informant.

// 2 // 6.

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 petitioner 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. 7.

Accordingly, the ABLAPL is disposed of.

Urgent certified copy of this order be granted on proper application.

( A.K. Mohapatra) Judge Jagabandhu