Ratan Jena @ Tika v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.13419 of 2022 Ratan Jena @ Tika & Others ....

Petitioners Mr. Asit Kumar Jena, Advocate -versusState of Odisha ....

Opposite Party Mr. M.K. Mohanty, A.S.C.

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

19.10.2022 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 Section 341/294/323/384/379/34, I.P.C.

4.

Considering the seriousness of the allegation, gravity of the offence and the facts of the case, 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., Bhograi in C.T. Case No.307 of 2022 corresponding to Talsari Marine P.S. Case No.51 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 and proper in the

// 2 // facts and circumstances of the case, but subject to furnishing cash security of Rs.2,000/- (Rupees Two Thousand) by each of the Petitioners to the satisfaction of learned court in seisin over the matter. The aforesaid collected amount shall be kept in an interest bearing account of any nationalized bank and the same shall be subject to the final result of the trial.

However, while imposing conditions for bail, learned Magistrate shall also impose the following additional conditions - (i) The Petitioners shall cooperate with the investigation and shall appear before the I.O. for the purpose of investigation, as and when required;

(ii) They shall not indulge in any other offence of similar nature to the present case in any manner whatsoever, 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