Bikash Chandra Naik v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.13907 of 2022 Bikash Chandra Naik ....
Petitioner Mr. Sushanta Harichandan, Advocate -versusState of Odisha ....
Opposite Party Mr. Shashanka Patra, A.S.C.
CORAM:
JUSTICE CHITTARANJAN DASH
ORDER
21.11.2022 02.
1. Heard the learned counsel for the Petitioner and the State. Order No.
2. By means of this application, the Petitioner seeks grant of bail under Section 438, Cr.P.C. in apprehension of arrest for his alleged involvement in the offence under Sections 498-A/294/377/ 313/325/506, I.P.C. in connection with Sundargarh Town P.S. Case No.358 of 2022 corresponding to G.R. Case No.1628 of 2022 pending in the court of learned S.D.J.M., Sundargarh.
3. Learned counsel for the State submits that there is no incriminating material appearing in the statement of the victim recorded under Section 164, Cr.P.C.
4. Considering the submission of the parties, having gone through the nature of allegations as emerged from the materials on record, the circumstances appearing, seriousness and gravity of the offence, it is directed that in the event the Petitioner surrenders and moves for bail before the learned S.D.J.M., Sundargarh in the aforesaid G.R. Case
// 2 // within a period of three weeks hence, he shall be admitted to bail on such terms and conditions as would be deemed just and proper by the said court, but subject to the following further conditions - (i) The Petitioner shall appear before the I.O. and shall cooperate with the investigation, as and when required; (ii) He shall also appear before the trial court on each date of trial, without fail, till conclusion of the trial.
(iii) He shall not threaten, terrorise, ill-treat or harass the Informant and her family members as well as the prosecution witnesses in any manner whatsoever, while on bail.
(iv) Violation of any of the conditions, as above, shall entail cancellation of the bail automatically.
5. The ABLAPL is disposed of accordingly.
(Chittaranjan Dash) Judge S.K.Parida