Orissa High CourtABLAPL/14410/2022disposed off

Sambhunath @ Somanath Jena v. State Of Odisha

2022-12-06Mr. Justice Chittaranjan Dash2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.14410 of 2022 Sambhunath @ Somanath Jena and others .... Petitioners Mr. A.R. Panda, Advocate -versusState of Odisha ....

Opp. Party Mr. S. Patra, ASC

CORAM:

JUSTICE CHITTARANJAN DASH Order No.

ORDER

06.12.2022 02.

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.341/342/354/323/451/380/506/34 IPC.

3. It is submitted by the learned counsel for the Petitioners that the Petitioners and the Informant party were in business transaction. There are elements in the FIR that subscribes to the submission of the learned counsel for the Petitioners besides the fact that the incident took place on 10th September, 2022 whereas the FIR has been lodged on 20th September, 2022.

4. Having regard to the aforesaid facts and circumstances, the seriousness and the gravity of the offences, while this Court is not

// 2 // inclined to grant anticipatory bail, it is directed that in the event the Petitioners surrender in connection with Basta P.S. Case No.255 of 2022 corresponding to C.T. Case No.612 of 2022 pending in the court of learned J.M.F.C., Basta within a period of two weeks' hence and moves for bail, they shall be released on such terms and conditions as would be deemed just and proper by the said court with further conditions that they shall appear in person before the court below on each date of posting of the case unless specifically exempted by the court concerned with the further conditions that they shall deposit Rs.5,000/- (rupees five thousand) each in the manner to be directed to the court to its satisfaction and they shall appear before the IO as and when required; shall not threaten or intimidate the Informant party in any manner whatsoever and shall cooperate with the investigation; shall not indulge in any other similar offence in any manner whatsoever while on bail. Violation of any of the conditions shall entail cancellation of bail of the Petitioners.

5. The ABLAPL is disposed of.

(Chittaranjan Dash) Judge KC Bisoi