Hritik Ray v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.13921 of 2022 Hritik Ray & Others ....

Petitioners Mr. Dibyajyoti Sahoo, 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 Petitioners and the State. Order No.

2. By means of this application, the Petitioners seek grant of bail under Section 438, Cr.P.C. in apprehension of arrest for their alleged involvement in the offence under Sections 147/148/341/323/307/149, I.P.C. and Sections 25 & 27 of Arms Act, in connection with Brajarajnagar P.S. Case No.295 of 2022 corresponding to C.T. Case No.2434 of 2022 pending in the court of learned S.D.J.M., Jharsuguda.

3. Learned counsel for the State submits that the Injury Report does not disclose regarding injury on the head of the Informant, as alleged in the F.I.R. Involvement of the accused in respect of the offence under Sections 25 & 27 of Arms Act is not before this Court.

4. Considering the aspect of Injury Report and the facts and circumstances of the case, seriousness and gravity of the offence, it is directed that in the event the Petitioners surrender and move for bail

// 2 // before the learned S.D.J.M., Jharsuguda in the aforesaid C.T. Case within a period of three weeks hence, they 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 Petitioners shall appear before the I.O. and shall cooperate with the investigation, as and when required; (ii) They shall also appear before the trial court on each date of trial, without fail, till conclusion of the trial.

(iii) They shall not indulge in any other crime or criminal case of similar nature to the present one, in any manner whatsoever, while on bail.

(iv) They shall not threaten, terrorise, ill-treat or harass the Informant and his family members as well as the prosecution witnesses in any manner and shall not tamper with the prosecution evidence in any manner whatsoever, while on bail.

(v) 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