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Orissa High CourtABLAPL/12630/2022disposed off

Bijay Panigrahi v. State Of Odisha

2022-10-12Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.12630 of 2022 Bijay Panigrahi and others ....

Petitioners Mr. Vijay Kar, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

12.10.2022 02.

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. for grant of anticipatory bail to the petitioners in connection with G.R. Case No.1229 of 2022 arising out of Dhenkanal Sadar P.S. Case No.456 of 2022 pending in the Court of learned S.D.J.M., Dhenkanal for alleged commission of offences under Sections 435/427/34, I.P.C. 4.

Considering the nature of allegation, gravity of offence and the fact 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 in the aforesaid case, they shall be released on bail on such terms and conditions as would be deemed just and proper with further conditions that :-

// 2 // I.

The petitioners shall cooperate with the Investigating Officer as and when required for the purpose of investigation;

II.

they shall not default in attendance of the court during trial on each date of posting; and III. they shall not threaten, harass and terrorize the informant and her /his family members in any manner whatsoever.

Violation of any of the terms and conditions shall entail cancellation of bail.

5.

Accordingly, the ABLAPL is disposed of.

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

( A.K. Mohapatra) Judge Jagabandhu