Shantanu Kumar Naik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.14056 of 2022 Shantanu Kumar Naik & Others .... Petitioners Mr. Trilochan Nanda, Advocate -versusState of Odisha ....

Opposite Party Mr. Shashanka Patra, A.S.C.

CORAM:

JUSTICE CHITTARANJAN DASH Order No.

ORDER

03.11.2022 01.

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

2. This is an application for bail U/s.438 Cr.P.C. filed by the Petitioners in anticipation of arrest for their alleged involvement in the offences U/s. 147,148,294,506,395,427,120-B,149, I.P.C.

3. Learned counsel for the Petitioners submits that there might be some affair in connection with the activities of the present establishment.

4. Keeping in view the submission of the parties and having gone through the nature of allegations as emerged from the materials on record, and further the circumstances appearing, the seriousness and gravity of the offences, it is directed that in the event the Petitioners surrender and move for bail before the learned J.M.F.C., Saintala in G.R. Case No.274 of 2022 corresponding to Saintala P.S. Case

// 2 // No.288 of 2022 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.

5. On the query being made by this court as to the criminal antecedents of the Petitioners, it is submitted by the learned counsel for the petitioners that there could be criminal antecedents against some of the Petitioners.

6. Therefore, it is made clear that the learned Court below shall verify the criminal antecedent of the Petitioners, if necessary by admitting the Petitioners to bail provisionally till the information is received and in case more than one antecedent is noticed (except the cases, if any relating to the present issue), the order of this Court shall not be given effect to and the court shall be free to deal with the matter of bail according on its own merit without further reference to the present.

7. This order is also subject to the condition that the Petitioners shall give an undertaking not to sabotage in any manner against any authority and the action of the police concerning land in question.

8. The ABLAPL is disposed of accordingly.

( Chittaranjan Dash ) Judge S.K. Parida