Suvendu @ Subrendu Prasad Routray v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.11560 of 2022 Suvendu @ Subrendu Prasad Routray ....
Petitioner Mr. P.R. Chhatoi, Advocate -versusState of Odisha ....
Opp. Party Mr. S. Mishra, 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 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.2314 of 2022, arising out of Cuttack Sadar P.S. Case No.388 of 2022 pending in the court of learned J.M.F.C.(R), Cuttack for commission of offences punishable under Sections 341/323/ 294/354, I.P.C.
5.
It is submitted by learned counsel for the petitioner that the petitioner and the informant are belong to one family. He further submits that due to civil dispute between the parties, there is a case and counter case has been filed by both the parties. 6.
Considering the nature of allegation, gravity of offence and the
// 2 // 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 condition that the petitioner shall not indulged in similar nature of offence while on bail with further conditions that:- I.
The petitioner shall not threaten, harass and terrorize the informant and her /his family members in any manner whatsoever; and II.
they shall cooperate with the Investigating Officer as and when required for the purpose of investigation.
Violation of any of the terms and conditions shall entail cancellation of bail.
6.
It is further directed that the bail granted to the petitioner is subject to the condition that learned court below shall verify whether the petitioner has more than criminal antecedents of similar nature. In the event it is found that the petitioner has more than criminal antecedents of similar nature, this bail order shall automatically stand revoked.
7.
Accordingly, the ABLAPL is disposed of.
Urgent certified copy of this order be granted on proper application.
( A.K. Mohapatra) Judge Jagabandhu
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