Barsha Parida @ Draupati Parida v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.14312 of 2022 Barsha Parida @ Draupati Parida ....

Petitioner Mr. Jayanta Kumar Majhi, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE CHITTARANJAN DASH

ORDER

23.11.2022 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 341/323/307/294/506/34, I.P.C., in connection with Balasore Sadar P.S. Case No.271 of 2022 corresponding to C.T. Case No.771 of 2022 pending in the court of learned J.M.F.C.(R), Balasore.

3. Learned counsel for the State submits that the Injury Report in respect of the injured shows the injuries to be simple in nature.

4. Considering the facts and circumstances of the case, nature of allegation, seriousness and gravity of the offence, although this Court is not inclined to entertain this application, however it is directed that in the event the Petitioner surrenders and moves for bail before the learned J.M.F.C. (R), Balasore in the aforesaid C.T. Case within a period of three weeks hence, he shall be admitted to bail on such

// 2 // 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 indulge in any other crime or criminal case of similar nature to the present one, in any manner whatsoever, while on bail.

(iv) He shall not threaten, terrorise, ill-treat or harass the Informant and her family members as well as the prosecution witnesses 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