Jadumani Patra v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.12912 of 2022 Jadumani Patra & another ....

Petitioners Mr. Basanta Kumar Das, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

10.10.2022 Order No.

01.

1.

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

2.

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

3.

This is an application under Section 438, Cr.P.C. filed by the Petitioners for anticipatory bail, involving offence punishable under Sections 341/294/323/332/506/34, I.P.C.

4.

Considering the seriousness of the allegation, gravity of the offence and the fact that the Petitioners are stated to have deposited a sum of Rs.18,000/- on 22.09.2022 out of a total outstanding dues of Rs.61,075/-, although I am not inclined to grant anticipatory bail to the Petitioners, however it is observed that, in the event the Petitioners surrender and move for bail before the learned J.M.F.C., Barbil in G.R. Case No.779 of 2022 corresponding to Barbil P.S. Case No.230 of 2022 within a period of three weeks from today, they shall be released on bail on such terms and conditions as the learned

// 2 // Magistrate may deem just and proper in the facts and circumstances of the case, but subject to the condition that the Petitioners shall pay a further sum of Rs.5,000/- (Rupees Five Thousand) to the Section in-charge of No.2 Electrical Section, Barbil under JED JODA TPNODL towards part payment of the arrear electrical dues and file Money-Receipt in proof of the said deposit, before the 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 I.O. and shall cooperate with the investigation as and when required by the I.O.;

(ii) They shall not threaten, terrorise, ill-treat or harass the Informant and his family members including the prosecution witnesses in any manner whatsoever. (iii) They shall not indulge in any such criminal activities of similar nature in any manner, while on bail. Violation of any of the conditions shall entail cancellation of bail of the Petitioners.

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