Lipuna Sethy v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.14427 of 2022 Lipuna Sethy ....

Petitioner Mr. S.K. Baral, Advocate -versusState of Odisha ....

Opposite Party Mr. Debasish Biswal, A.S.C.

CORAM:

JUSTICE CHITTARANJAN DASH Order No.

ORDER

18.11.2022 01.

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

2. By means of this application U/s.438 Cr.P.C., the Petitioner seeks grant of bail in anticipation of arrest for his alleged involvement in the offences U/s. 341/498-A/323/307/506/34, I.P.C. and Section 4 of the D.P. Act, in connection with Athagarh P.S. Case No.241 of 2022 corresponding to C.T. Case No.559 of 2022 pending in the court of learned S.D.J.M., Athagarh.

3. Regard being had to the facts and submission of the parties, the nature of allegations as emerged from the materials on record, seriousness and gravity of the offence, it is directed that in the event the Petitioner surrenders and moves for bail before the learned S.D.J.M., Athagarh in the aforesaid C.T. Case within a period of three weeks hence, he shall be admitted to bail on such terms and conditions as would be deemed just and proper by the said court, but subject to following further conditions -

// 2 // (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 her family members including the prosecution witnesses in any manner and shall not try to tamper with the prosecution evidence in any manner whatsoever, while on bail.

(iv) Violation of any of the conditions, as above, shall entail cancellation of the bail automatically.

4. However, the court shall verify the antecedent of the Petitioner and in case necessary by allowing bail provisionally a reasonable time till the information is received and in case it is noticed that the Petitioner has more than one criminal cases standing to his credit this order shall not be given effect to and the court shall be free to deal with application in accordance with law.

5. The ABLAPL is disposed of accordingly.

( Chittaranjan Dash ) Judge S.K. Parida