Jyotsnarani Jena v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 14674 of 2022 Jyotsnarani Jena & another ....

Petitioners Mr. J. K. Majhi, Advocate -versusState of Odisha ....

Opp. Party Mr. M.K. Mohanty, ASC

CORAM:

JUSTICE CHITTARANJAN DASH Order No.

ORDER

20.12.2022 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 apprehension of arrest for their alleged involvement in the offences U/s. 307/323/506/376/294/511/34 of IPC.

3. Learned counsel for the Petitioners submits that both the Informant and the Petitioners belong to one family and due to previous enmity the FIR has been lodged against them.

4. Learned counsel for the State vehemently opposed the prayer for anticipatory bail of the Petitioners.

5. 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

// 2 // move for bail in connection with Baliapal P.S. Case No. 213 of 2022 corresponding to C.T. Case No.663 of 2022 pending in the court of learned J.M.F.C., Basta within a period of three weeks hence and they shall be admitted to go on bail on such terms and conditions as would be deemed just and proper by the said court with further conditions that the Petitioners shall appear in person before the learned court below on each date of posting of the case; The Petitioners shall appear before the I.O. and shall cooperate with the investigation as and when required; shall not threaten, intimidate or terrorize the Informant and her family; they shall not tamper with the prosecution evidence in any manner whatsoever and 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.

6. The ABLAPL is disposed of accordingly.

(Chittaranjan Dash) Judge B.K Sahoo/AKPradhan