Dayaram Gond @ Daya Gond v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.13116 of 2022 Dayaram Gond @ Daya Gond ....
Petitioner Mr. Umakanta Barik, Advocate -versusState of Odisha ....
Opposite Party Mr. Shashanka Patra, A.S.C.
CORAM:
JUSTICE A.K.MOHAPATRA
ORDER
13.10.2022 Order No.
01.
1.
This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
2.
Heard learned counsel for the Petitioner and learned Addl. Standing Counsel for the State.
3.
This is an application under Section 438, Cr.P.C. filed by the Petitioner for anticipatory bail, involving offence punishable under Sections 448/294/427/436/506/34, I.P.C.
4.
Considering the seriousness of the allegation, gravity of the offence and the facts and circumstances of the case, although I am not inclined to grant 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., Umerkote in G.R. Case No.420 of 2022 corresponding to Umerkote P.S. Case No.303 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
// 2 // and proper in the facts and circumstances of the case, but subject to the following additional conditions - (i) That, the Petitioner shall cooperate with the investigation and shall appear before the I.O. once in every week, preferably on Sunday during 10 A.M. to 1.00 P.M. till completion of the investigation.
(ii) He shall not threaten, terrorise, ill-treat, harass the Informant and his family members in any manner and shall not tamper with the prosecution evidence in any manner whatsoever; (iii) He shall also appear before the learned trial court on each date fixed for trial, without fail.
Violation of any of the conditions shall entail cancellation of bail of the Petitioner.
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