Bhagaban Das v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.13218 of 2022 Bhagaban Das ....

Petitioner Mr. Kuldeep Mohanty, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

14.10.2022 01.

1.

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

2.

Heard learned counsel for the petitioner and learned Additional Standing Counsel for the State.

3.

This is an application under Section 438, Cr.P.C. filed by the petitioner for anticipatory bail.

4.

The petitioner is seeking pre-arrest bail in connection with C.T. Case No.438 of 2022, arising out of Nilagiri P.S. Case No.279 of 2022 pending in the court of learned S.D.J.M., Nilagiri for commission of offences punishable under Sections 294/323/324/ 341/354/354-B/506, 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 petitioner. However, it is directed that in the event the petitioner surrenders and moves 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, he shall be released on bail on such terms and

// 2 // conditions as would be deemed just and proper with further conditions that :- I.

The petitioner shall cooperate with the Investigating Officer as and when required for the purpose of investigation;

II.

he shall not indulge in similar criminal activities while on bail;

III. he shall not threaten, harass and terrorize the informant and her /his family members in any manner whatsoever; and IV. he shall not allow his dog to come out from his house and shall not cause any nuisance, harassment with the public as well as the students in their tuition center at nearby place.

Violation of any of the terms and conditions shall entail cancellation of bail.

6.

Accordingly, the ABLAPL is disposed of.

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

( A.K. Mohapatra) Judge Jagabandhu