Lipun Mallik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.13151 of 2022 Lipun Mallik and another ....

Petitioners Mr. A.R. Panda, Advocate -versusState of Odisha ....

Opp. Party Mr. S. Patra, A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

13.10.2022 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 C.T. Case No.2114 of 2022, arising out of Binjharpur P.S. Case No.549 of 2022 pending in the court of learned S.D.J.M., Jajpur for commission of offence punishable under Sections 341/294/379/34, I.P.C.

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

// 2 // 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 indulge in similar criminal activities while on bail.

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 Motorcycle bearing Registration No.OD-10-F-9960, which is alleged to have been taken away, has been recovered in the meantime failing which this bail order shall automatically stand revoked.

7.

Accordingly, the ABLAPL is disposed of.

Urgent certified copy of this order be granted on proper application.

( A.K. Mohapatra) Judge Jagabandhu