Pitambar Das v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.12826 of 2022 Pitambar Das ....

Petitioner Mr.Rabi Narayan Panda,Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

30.09.2022 Order No.

01.

1.

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

2.

Heard learned counsel for the Petitioner, learned Addl. Standing Counsel for the State. Perused the records. 3.

This is an application under Section 438, Cr.P.C. filed by the Petitioner for anticipatory bail, involving offence punishable under Section 147, 148, 325, 307/149 of the Indian Penal Code. 4.

It is submitted by learned counsel for the Petitioner that, as per the F.I.R. one Pitambar Das, Pratap Samal and Tapas Patra assaulted the father of the Informant. He further submits that one Pradip Das, Kanhua Sahu and Umakanta Das assaulted one Sujit. So far as the present Petitioner is concerned, it is submitted that there is no specific allegation of any assault by him. 5.

Considering the seriousness of the allegation, gravity of the offence and the facts of the case, although I am not inclined to grant

// 2 // anticipatory bail to the Petitioner, however it is observed that, in the event the Petitioner surrenders and moves for bail before the learned J.M.F.C., Chandbali in G.R.Case No.610 of 2022 arising out of Bansada P.S.Case No.273 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.

5.

The ABLAPL is disposed of accordingly.

6.

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