Dinendra Nayak v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.12649 of 2022 Dinedra Nayak and another ....

Petitioners Mr. Akash Bhuyan, Advocate -versusState of Odisha ....

Opp. Party Mr. S. Mishra, A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

30.09.2022 01.

1.

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

2.

Heard learned counsel for the petitioners and learned Additional Standing Counsel for the State.

3.

This is an application under Section 438, Cr.P.C. filed by the petitioners for anticipatory bail.

4.

The petitioners are seeking pre-arrest bail in connection with G.R. Case No.1068 of 2022, arising out of Kosagumuda P.S. Case No.131 of 2022 pending in the court of learned S.D.J.M., Nabarangpur for commission of offences punishable under Sections 341/294/323/354/506/34, I.P.C.

5.

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

// 2 // conditions as would be deemed just and proper subject to condition that they shall furnish cash security of Rs.5,000/- (rupees five thousand) each with further conditions that besides other conditions would be imposed by the learned court below while releasing the petitioner on bail with further conditions that :- I.

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

II.

they shall not threaten, harass and terrorize the informant and her /his family members in any manner whatsoever; and III.

they shall not indulge in similar criminal antecedents while on bail.

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

6.

Accordingly, the ABLAPL is disposed of.

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

( A.K. Mohapatra) Judge Jagabandhu