Sk. Rasid v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.13642 of 2022 Sk. Rasid & others .... Petitioners Mr. A.R Panda, Advocate -versusState of Odisha ....

Opp. Party Mr. Debasis Biswal, ASC.

CORAM:

JUSTICE CHITTARANJAN DASH Order No.

ORDER

23.11.2022 02.

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 under Section 447/341/323/325/307/34 of IPC.

3. It is submitted by the learned counsel for the State that the up-todate case diary has been obtained in this case. It reveals from the case records that the Petitioners and the Informant party are related by blood but are in logger head in connection with their ancestral property and had a free fight resulting the injuries.

4. It is submitted by the learned counsel for the Petitioners that the informant party having been implicated in similar offences.

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5. 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, this Court is not inclined to grant the anticipatory bail, however, it is directed that in the event the Petitioners surrender and move for bail in connection with C.T Case No.984 of 2022 arising out of Balesore Town P.S. Case No.241 of 2022 pending in the court of learned S.D.J.M., Balesore 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 with further condition as follows:- (i). The Petitioners shall cooperate with the investigation and appear before the I.O. as and when required by the I.O; (ii). They shall not indulge in criminal activities while on bail.

(iii). They 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 Petitioners.

6. The ABLAPL is disposed of accordingly.

( Chittaranjan Dash ) Judge B.K Sahoo