Shyama @ Sadashiba Behera v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.11937 of 2022 Shyama @ Sadashiba Behera & Others ....

Petitioners Mr. Akshaya Kumar Sahoo, Advocate -versusState of Odisha ....

Opposite Party Mr. Shashanka Patra, A.S.C.

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

22.09.2022 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 341/294/323/427/379/354/506/34, 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., Ranpur in G.R. Case No.336 of 2022 corresponding to Ranpur P.S. Case No.219 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

// 2 // facts and circumstances of the case, but subject to furnishing cash security of Rs.500/- (Rupees five hundred) by each of the 17 Petitioners to the satisfaction of learned court in seisin over the matter.

However, while imposing conditions for bail, learned Magistrate shall also impose the following additional conditions - (i) The Petitioners shall cooperate with the investigation and shall appear before the I.O. for the purpose of investigation, as and when required;

(ii) They shall not indulge in any other offence of similar nature in any manner whatsoever, while on bail.

(iii) They shall not threaten, terrorise, ill-treat or harass the Informant and his family members or any of the prosecution witnesses in any manner whatsoever, while on bail by virtue of this order.

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

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