Tuku Jena v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 14763 of 2022 Tuku Jena ....

Petitioner Mr. T.P. Mohapatra, Advocate -versusState of Odisha ....

Opp. Party Mr. D. Biswal, ASC

CORAM:

JUSTICE CHITTARANJAN DASH Order No.

ORDER

19.12.2022 02.

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

2. This is an application for bail U/s. 438 Cr.P.C. filed by the Petitioner in apprehension of arrest for his alleged involvement in the offences U/s. 452/294/323/324/307/34 of IPC.

3. It is submitted by the learned counsel for the State that the Petitioner does not have any criminal antecedent and the injuries to have sustained by the injured are simple in nature.

4. Having regard to 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 Petitioner surrenders and moves for bail in connection with Brahmagiri P.S. Case No. 233 of 2022 corresponding to G.R.G.N 391 of 2022 pending in the court of learned Nyayadhikari Gramanyayalaya, Brahmagiri within a period of three weeks hence

// 2 // and he 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 Petitioner shall appear in person before the learned court below on each date of posting of the case with further conditions as follows:- (i) The Petitioner shall appear before the I.O. and shall cooperate with the investigation as and when required; (ii) he shall not threaten, intimidate or terrorize the Informant party members;

(iii) he shall not tamper with the prosecution evidence in any manner whatsoever and (iv) he 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