Pramod Chandra Naik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.12589 of 2022 Pramod Chandra Naik ....

Petitioner Ms. Aditi Hota, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

29.09.2022 Order No.

01.

1.

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

2.

Heard learned counsel for the Petitioner and learned Addl. Standing Counsel for the State.

3.

This is an application under Section 438, Cr.P.C. filed by the Petitioner for anticipatory bail, involving offence punishable under Sections 294/354-A/354-D/506, I.P.C.

4.

Considering the surrounding facts, seriousness and gravity of the allegation of harassment meted out to the Informant, although I am not inclined to grant anticipatory bail to the Petitioner, however it is directed that, in the event the Petitioner surrenders and moves for bail before the learned S.D.J.M., Talcher in G.R. Case No.2235 of 2022 corresponding to Colliery P.S. Case No.479 of 2022 within a period of three weeks from today, he 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.

// 2 // However, 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 stay away from the Informant and shall not cause any harassment or ill-treatment and shall not threaten or terrorise the Informant and her family members including the prosecution witnesses in any manner whatsoever, while on bail.

(iii) He shall appear before the concerned P.S. once in a week, preferably on Sunday between 10 A.M. to 1.00 P.M. , till submission of Charge-Sheet.

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 S.K.Parida