Bapi @ Ashok Ku. Choudhury v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.10918 of 2022 Bapi @ Ashok Ku Choudhury & Others ....

Petitioners Manasi Mohapatra, Advocate -versusState of Odisha ....

Opposite Party Mr. Shashank Patra, A.S.C.

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

12.09.2022 Order No.

01.

1.

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

2.

Heard learned counsel for the Petitioners and learned Addl. Standing Counsel for the State.

3.

This is an application under Section 438, Cr.P.C. filed by the Petitioners for anticipatory bail, involving offence punishable under Sections 341/294/323/506/307/34, I.P.C.

4.

It is submitted by learned counsel for the Petitioners that offence under Section 307, I.P.C. has been added by police subsequently, though initially it was not there. However, she submits that the injured has not sustained any grievous injury. 5.

Considering such submission, seriousness of the allegation, gravity of the offence and the facts of the case, although I am not inclined to grant anticipatory bail to the Petitioners, however it is

// 2 // observed that, in the event the Petitioners surrender and move for bail before the learned J.M.F.C. (Rural), Balasore in C.T. Case No.1053 of 2021 arising out of ICC No.39 of 2021 corresponding to Balasore (Sadar) P.S. Case No.399 of 2021 within a period of three weeks from today, they shall be released on bail on such terms and conditions as the learned Magistrate may deem just and proper in the facts and circumstances of the case, but subject to verification of the Injury Report. If the injuries caused to the injured victim are found to be grievous in nature, then this bail order shall stand automatically revoked.

6.

The ABLAPL is disposed of accordingly.

7.

Urgent certified copy of this order be granted as per rules. (A.K. Mohapatra) Judge S.K.Parida