Md. Saraf @ Md. Sharukh v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.12887 of 2022 Md. Safar @ Md. Sharukh & Others ....
Petitioners Mr. D.K. Mohapatra, Advocate -versusState of Odisha ....
Opp. Party Mr. Sitikant Mishra, A.S.C.
CORAM:
JUSTICE A.K. MOHAPATRA Order No.
ORDER
10.10.2022 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.520 of 2022, arising out of Kutra P.S. Case No.115 of 2022 pending in the court of learned J.M.F.C., Rajgangpur for commission of offences punishable under Sections 341/294/323/ 506/34, I.P.C.
5.
It is submitted by learned counsel for the petitioners that there was an agitation of blasting operation in the locality and the entire group has been implicated in several cases. It is further submitted by learned counsel for the petitioners that the petitioners have been
// 2 // falsely implicated in the present case.
6.
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, but subject to furnishing cash security of Rs.3,000/- (Rupees Three Thousand) by each of the Petitioners to the satisfaction of the 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 appear before the Investigating Officer and shall cooperate with the investigation as and when required by the I.O.; II.
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 of the Petitioners.
7.
Further, it is directed that the petitioners shall give an undertaking before the learned court below that, while releasing on bail, they shall ensure that they will keep peace and tranquility in the locality and will not indulge in similar activities as alleged in the F.I.R. 8.
The ABLAPL is disposed of accordingly.
// 3 // 9.
Urgent certified copy of this order be granted as per rules. ( A.K. Mohapatra) Judge S.K.Parida