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Orissa High CourtABLAPL/14424/2022disposed off

Narana Naik @ Narayan v. State Of Odisha

2022-12-06Mr. Justice Chittaranjan Dash2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.14424 of 2022 Narana Naik @ Narayan and others .... Petitioners Mr. L. Mishra, 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.147/148/341/294/323/307/336/337/506/149 IPC read with Section 3 of the E.S. Act.

3. It is submitted by the learned counsel for the State that the present Petitioners do not have any criminal antecedent to their credit and the injuries sustained by the injured are not grievous as submitted by learned counsel for the Petitioners.

4. Having regard to the aforesaid facts and circumstances, the seriousness and the gravity of the offences, while this Court is not inclined to grant anticipatory bail, it is directed that in the event the

// 2 // Petitioners surrender in connection with Parjang P.S. Case No.458 of 2022 corresponding to G.R. Case No.437 of 2022 pending in the court of learned J.M.F.C., Parjang 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 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.

5. In case the injuries sustained by the injured are found grievous, 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 to its merit without further reference to the present. Violation of any of the conditions shall entail cancellation of bail of the Petitioners.

6. The ABLAPL is disposed of.

(Chittaranjan Dash) Judge KC Bisoi