Orissa High CourtABLAPL/14685/2022disposed off

Minaketan Behera v. State Of Odisha

2022-12-01Mr. Justice Chittaranjan Dash2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.14685 of 2022 Minaketan Behera and others .... Petitioners Mr. S.K. Nanda, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE CHITTARANJAN DASH Order No.

ORDER

01.12.2022 01.

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.498-A/323/294/506/34 IPC read with Section 4 of the D.P. Act.

3. Learned counsel for the Petitioners does not want to press the bail application of Petitioner No.1, namely, Minaketan Behera with liberty to file application in any cause of action arise afresh . Accordingly, the bail application of Petitioner No.1 is dismissed as not pressed with the liberty as prayed for.

4. So far as Petitioner Nos.2, 3 and 4, namely, Rajani Behera, Kuni Bira and Budheswar Bira are concerned, keeping in view the nature of allegations, the circumstances appearing, the seriousness and

// 2 // gravity of the offences, while this Court is not inclined to grant the anticipatory bail, it is directed that in the event the Petitioner Nos.2, 3 and 4 surrender in connection with Bolagarh P.S. Case No.270 of 2022 corresponding to G.R. Case No.1790 of 2022 pending in the court of learned S.D.J.M., Khurda within a period of two weeks' hence and move 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; shall appear before the IO and cooperate with the investigation as and when required; shall not intimidate, terrorise the informant in any manner whatsoever; shall not indulge in any other similar offence while on bail. Violation of any of the conditions shall entail cancellation of the bail of the Petitioners.

5. The ABLAPL is disposed of.

(Chittaranjan Dash) Judge KC Bisoi