Gopal Polei v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.11002 of 2022 Gopal Polei ....

Petitioner Mr. P.K. Das, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

20.10.2022 03.

1.

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

2.

Heard learned counsel for the petitioner and learned Additional Standing Counsel for the State.

3.

This is an application under Section 438, Cr.P.C. filed by the petitioner for anticipatory bail.

4.

The petitioner is seeking pre-arrest bail in connection with G.R. Case No.249 of 2022, arising out of Kabisuryanagar P.S. Case No.249 of 2022 pending in the court of learned J.M.F.C., Kabisuryanagar for commission of offences punishable under Sections 376/511/341/323/307/294/506, I.P.C.

5.

On perusal of the statement of the victim recorded under Section 164, Cr.P.C., it appears that no offence under Section 376, I.P.C. is made out against the petitioner.

6.

So far as the allegation under Section 307, I.P.C. is concerned. It is stated by learned counsel for the petitioner that the injured sustained injuries are simple in nature which is also confirmed by the

// 2 // learned counsel for the State.

7.

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 threaten, harass and terrorize the informant and her /his family members in any manner whatsoever; and III. he shall not default in attendance of the court during trial on each of posting.

Violation of any of the terms and conditions shall entail cancellation of bail.

8.

Accordingly, the ABLAPL is disposed of.

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

( A.K. Mohapatra) Judge Jagabandhu