Haladhar Pujari @ Kabi v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.12932 of 2022 Haladhar Pujari @ Kabi and others ....
Petitioners Mr. P.K. Nayak, Advocate -versusState of Odisha ....
Opp. Party Mr. S. 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. for grant of anticipatory bail to the petitioners in connection with G.R. Case No.708 of 2022 arising out of Delanga P.S. Case No.257 of 2022 pending in the Court of learned J.M.F.C., Pipili for alleged commission of offences under Sections 341/323/325/379/34, I.P.C. 4.
It is submitted by learned counsel for the petitioners that the dispute between the two groups. It is further submitted by learned counsel for the petitioners that the petitioners group has lodged F.I.R. at first and the informant group has lodged the F.I.R. counter blast to the said F.I.R. It is also submitted by learned counsel for the petitioners that the injuries sustained by the injured are simple in nature.
// 2 // 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 conditions as would be deemed just and proper 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 default in attendance of the court during trial on each date of posting;
Violation of any of the terms and conditions shall entail cancellation of bail.
6.
It is further directed that the bail granted to the petitioners is subject to the condition that learned court below shall verify whether the petitioners have any criminal antecedents of similar nature. In the event it is found that the petitioners have any criminal antecedents of similar nature, this bail order shall automatically stand revoked. 7.
It is further directed that the bail granted to the petitioners is subject to the condition that learned court below shall verify whether injuries sustained by the injured are grievous in nature. In the event it is found that the injury is grievous in nature, this bail order shall
// 3 // automatically stand revoked.
8.
Accordingly, the ABLAPL is disposed of.
Urgent certified copy of this order be granted on proper application.
( A.K. Mohapatra) Judge Jagabandhu