Biswajit Das v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.11297 of 2022 Biswajit Das ....

Petitioner Mr. Ravi Shankar Samal,Advocate -versusState of Odisha ....

Opposite Party Mr. S.Mishra,A.S.C.

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

15.09.2022 Order No.

01.

1.

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

2.

Heard learned counsel for the Petitioner, learned Addl. Standing Counsel for the State. Perused the records. 3.

This is an application under Section 438, Cr.P.C. filed by the Petitioners for anticipatory bail, involving offence punishable under Sections 307, 323, 506 of the Indian Penal Code. 4.

Considering the 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 Petitioner, however it is observed that, in the event the Petitioner surrenders and moves for bail before the learned J.M.F.C.(P), Kujang in G.R. Case No.771 of 2022 corresponding to Paradeep P.S. Case No.244 of 2022 within a period of three weeks from today, he shall be released on bail on such terms and conditions

// 2 // as the learned Magistrate may deem just and proper in the facts and circumstances of the case.

While imposing conditions for bail, learned Magistrate shall also impose the following additional conditions - (i) The Petitioner shall appear before the I.O. and shall cooperate with the investigation as and when required by the I.O.; (ii) He shall not threaten, influence, terrorise or harass the informant and his family members in any manner whatsoever. (iii) He shall not indulge in any criminal offence wile on bail. (iv) He shall appear before the trial court on each date fixed for trial, without fail.

Violation of any of the conditions shall entail cancellation of bail of the Petitioner.

5.

The ABLAPL is disposed of accordingly.

6.

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