Himanshu Bag v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.13645 of 2022 Himanshu Bag and others ....

Petitioners Mr.Jagabandhu Sahu, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

21.10.2022 Order No.

01.

1.

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

2.

Heard learned counsel for the Petitioners, learned Addl. Standing Counsel for the State. Perused the records. 3.

This is an application under Section 438, Cr.P.C. filed by the Petitioners for anticipatory bail, involving offence punishable under Sections 353, 341, 323, 294, 506,342, 332/34 of the Indian Penal Code.

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., Loisingha in G.R.Case No.344 of 2022 arising out of Loisingha P.S.Case No.351 of 2022 within a period of three weeks from today, they shall be released on bail on such terms and

// 2 // conditions as the learned Magistrate may deem just and proper in the facts and circumstances of the case.

While imposing conditions for bail, learned Magistrate shall also impose the following additional conditions - (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 similar nature of offence while on bail;

(iii) They shall appear before the trial court on each and every date fixed.

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

5.

The ABLAPL is disposed of accordingly.

6.

Urgent certified copy of this order be granted as per rules. (A.K. Mohapatra) Judge RKS