Narayan Pradhan v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.14146 of 2022 Narayan Pradhan & another ....

Petitioners Mr. Bibhu Prasad Mohanty, Advocate -versusState of Odisha ....

Opposite Party Mr. M.K. Mohanty, A.S.C.

CORAM:

JUSTICE CHITTARANJAN DASH Order No.

ORDER

21.11.2022 03.

1. Heard the 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 apprehension of arrest for their alleged involvement in the offences U/s. 294/323/379/325/506/34, I.P.C. in connection with Mancheswar P.S. Case No.404 of 2022 corresponding to C.T. Case No.6526 of 2022 pending in the Court of learned S.D.J.M., Bhubaneswar.

3. Learned counsel for the Petitioners does not press this bail application in respect of Petitioner no.1 - Narayan Pradhan. Accordingly, the ABLAPL is dismissed as not pressed, so far as Petitioner No.1 - Narayan Pradhan is concerned.

4. So far as Petitioner No.2 - Biju Pradhan @ Biju is concerned, keeping in view the submission of the parties and having gone through the nature of allegations as emerged from the materials on

// 2 // record, and further the circumstances appearing, the seriousness and gravity of the offences while this court is not inclined to grant anticipatory bail, it is directed that in the event Petitioner No.2 surrenders and moves for bail before the learned S.D.J.M., Bhubaneswar in the aforesaid C.T. Case, within a period of three weeks from today, he shall be allowed to go on 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 his family members including the prosecution witnesses in any manner whatsoever.

(iv) He shall not indulge in any other crime of similar nature to the present case, in any manner whatsoever, while on bail. (v) Violation of any of any of the conditions shall entail cancellation of bail.

5. The ABLAPL is disposed of accordingly.

( Chittaranjan Dash ) Judge S.K. Parida