Manoj Bhuyan v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.14706 of 2022 Manoj Bhuyan & another .... Petitioners Mr. M.Mohapatra, 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 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. 294/509/427/506/323/34 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, while this court is not inclined to grant the anticipatory bail, it is directed that in the event the Petitioners surrender and move for bail in connection with G.R Case No.785 of 2022 arising out of Aul P.S. Case No.0432 of 2022 pending in the court of learned J.M.F.C., Aul within a period of three weeks' from today, they shall be allowed to go on bail on such terms and conditions as

// 2 // 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 with further condition as follows:

(i). The Petitioners shall cooperate with the investigation and appear before the I.O. as and when required by the I.O; (ii). They shall not indulge in criminal activities while on bail.

Violation of any of the conditions shall entail cancellation of bail of the Petitioners.

4. It is made clear that the learned Court below shall verify the criminal antecedent of the Petitioners, if necessary by admitting the Petitioners to bail provisionally till the information is received and in case more than one antecedent is noticed, the order of this Court shall not be given effect to and the court shall be free to deal with matter of bail according to its merit without further reference to the present.

5. The ABLAPL is disposed of accordingly.

( Chittaranjan Dash ) Judge B.K Sahoo