Amrit @ Amar Singh Khuntia v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.11544 of 2022 Amrit @ Amar Singh Khuntia and another ....

Petitioners Mr. S. Das, Advocate -versusState of Odisha ....

Opp. Party Mr. M.K. Mohanty, A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

19.09.2022 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.641 of 2022, arising out of Bolani P.S. Case No.40 of 2022 pending in the court of learned J.M.F.C., Barbil for commission of offence punishable under Section 147/148/323/324/ 325/341/427/506/149/452, I.P.C.

5.

It is submitted by learned counsel for the petitioner that petitioners have two criminal antecedent of similar nature. It is further submitted by learned counsel for the petitioners that on similar footing with the present petitioners, another co-accused persons have already been released on bail by this Court in ABLAPL

// 2 // No.11445 of 2022 vide order dated 16.09.2022. 6.

Considering the nature of allegation, gravity of offence and the facts of the case, I am not inclined to grant anticipatory bail to the petitioners. However, it is directed that in the event the petitioners surrender and move an application for bail before the learned court in seisin over the matter within a period of three weeks from today, they shall be released on bail on such terms and conditions as would be deemed just and proper subject to condition that they shall furnish cash security of Rs.7,500/- (rupees seven thousand five hundred) each with further conditions that while on bail, they shall not indulge similar nature of criminal activities and they shall cooperate with the Investigating Officer as and when required for the purpose of investigation besides other conditions would be imposed by the learned court below while releasing the petitioner on bail. Violation of any of the terms and conditions shall entail cancellation of bail.

7.

Accordingly, the ABLAPL is disposed of.

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

( A.K. Mohapatra) Judge Jagabandhu