Dilip Nayak v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.13423 of 2022 Dillip Nayak & others .... Petitioners Mr. M.K Chand, Advocate -versusState of Odisha ....

Opp. Party Mr. Sasanka Patra, ASC.

CORAM:

JUSTICE CHITTARANJAN DASH Order No.

ORDER

22.11.2022 04.

1. Heard learned counsel for the Petitioners and learned counsel for the State.

2. This is an application for bail U/s.438 Cr.P.C. filed by the Petitioners in apprehension of arrest for their alleged involvement in the offences U/s. 143/147/341/323/294/307/506/114/149 of IPC and Section-9(B) of Explosive Act.

3. Learned counsel for the Petitioners submits that owing to the political rivalry the present case has been hatched and there is a counter case too with regard to the present incident implicating the informant party.

4. Keeping in view the submission of the parties, the nature of allegations as emerged from the materials on record, the circumstances appearing, the seriousness and gravity of the

// 2 // offences, this Court while is not inclined to grant the anticipatory bail, it is directed that in the event the Petitioners surrender and move for bail in connection with G.R Case No.711 of 2022 arising out of Gop P.S. Case No.392 of 2022 pending in the court of learned J.M.F.C., Konark within a period of three weeks' from today, they shall be allowed to go on bail on such terms and conditions as would be deemed just and proper by the said court with further conditions that the Petitioners shall appear in person before the learned court below on each date of posting of the case: The Petitioners shall cooperate with the investigation and appear before the I.O. as and when required by the I.O;

5. They shall not indulge in criminal activities while on bail; shall not terrorize or intimidate the informant party in any manner whatsoever. Violation of any of the conditions shall entail cancellation of bail of the Petitioners.

6. The ABLAPL is disposed of accordingly.

(Chittaranjan Dash) Judge B.K Sahoo