Aditya Dalbehera v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.11634 of 2022 Aditya Dalbehera & Others ....

Petitioners Mr. Trilochan Nanda, Advocate -versusState of Odisha ....

Opposite Party Mr. P.C. Das, A.S.C.

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

19.09.2022 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.

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 Petitioners, however it is observed that, in the event the Petitioners surrender and move for bail before the learned J.M.F.C., Tarava in G.R. Case No.192 of 2022 corresponding to Tarava P.S. Case No.207 of 2022 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. However, the release of

// 2 // Petitioner No.1, namely Aditya Dalbehera, on bail shall be subject to verification of his Criminal Antecedents as well as verification of the Injury Report. If it is found that there is more than one criminal antecedent of similar nature against Petitioner No.1, then this bail order shall stand automatically revoked. Similarly, if the injuries caused to the injured are found to be grievous in nature, then also this bail order shall stand automatically revoked, so far as Petitioner No.1 is concerned.

The Case Diary and Criminal Antecedent Report of the Petitioner No.1 as well as the Injury Report be made available to the learned Magistrate for consideration of the bail application of the Petitioners on the date of their surrender.

5.

The ABLAPL is disposed of accordingly.

6.

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