Drudanta @ Madhusudan Mallik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 14514 of 2022 Durdanta @ Madhusudan Mallik and another ....

Petitioners Mr. Manas Kumar Chand, Advocate -versusState of Odisha ....

Opp. Party Mr. S. Patra, ASC Mr. Ashok Kumar Sahoo, Advocate-Informant

CORAM:

JUSTICE CHITTARANJAN DASH Order No.

ORDER

07.12.2022 02.

1. Heard learned counsel for the Petitioners and learned counsel for 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. 341, 323, 294, 307 & 506/34 of IPC.

3. Keeping in view the submission of the parties, the nature of allegations as emerged from the materials on record, the circumstances appearing, the seriousness and gravity of the offences, it is directed that in the event the Petitioners surrender and move for bail in connection with Nikirei PS Case No. 165 of 2022 corresponding to GR Case No. 2192 of 2022 pending in the court of learned SDJM, Kendrapada within a period of three weeks hence and move for bail, they shall be released on such terms and

// 2 // conditions as would be deemed just and proper by the said court, but subject to verification of Criminal Antecedent of the Petitioners.

4. If the injuries are found to be grievous in nature and there appears more than one Criminal Antecedents standing to the credit of the Petitioners, this bail order shall not be given effect to. However, if the learned court allows the Petitioners to go on bail, then the following further conditions shall be imposed:- (i) The Petitioners shall appear before the I.O. and shall cooperate with the investigation as and when required in case no final form is furnished;

(ii) They shall also appear before the trial court on each date of trial, without fail, till conclusion of the trial. (iii) They shall not threaten, terrorize, ill-treat or harass the Informant and his family members including the prosecution witnesses in any manner and shall not tamper with the prosecution evidence in any manner whatsoever. (iv) They shall not indulge in any other crime of similar nature to the present case, in any manner whatsoever, while on bail. Violation of any of the conditions shall entail cancellation of bail.

5. The ABLAPL is disposed of accordingly.

(Chittaranjan Dash) Judge B.K Sahoo/AKPradhan