Trinath Swain v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.13429 of 2022 Trinath Swain .... Petitioner Mr. J. Behera, Advocate -versusState of Odisha ....

Opp. Party Mr. Sasanka Patra, ASC.

CORAM:

JUSTICE CHITTARANJAN DASH Order No.

ORDER

22.11.2022 02.

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

2. This is an application for bail U/s.438 Cr.P.C. filed by the Petitioner in apprehension of arrest for his alleged involvement in the offences U/s. 147/148/458/307/341/323/324/506/435/395/149 of IPC & Section-7 of Criminal Law Amendment Act, Section 4 P.D. D.P Act & Section-9(B) of I.E Act.

4. It is submitted that hundreds of persons have been involved in the case keeping in view the fact that the villagers being swayed by emotion failed to understand the gravity and agitated. Bail has also been granted to almost all the persons indulged.

3. 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 offences, while this Court is not inclined to grant the anticipatory

// 2 // bail, however, it is directed that in the event the Petitioner surrenders and moves for bail in connection with G.R Case No.192 of 2008 arising out of Ranpur P.S. Case No.194 of 2008 pending in the court of learned J.M.F.C., Ranpur within a period of three weeks' from today, he 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 Petitioner shall appear in person before the learned court below on each date of posting of the case with further condition as follows:- (i). He shall not indulge in criminal activities while on bail. (ii). He shall appear before the court below on each and every date fixed.

Violation of any of the conditions shall entail cancellation of bail of the Petitioner.

4. The ABLAPL is disposed of accordingly.

(Chittaranjan Dash) Judge B.K Sahoo