Ratnakar Das v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 14844 of 2022 Ratnakar Das and another .... Petitioners Mr. Sarada Prasad Dash, Advocate -versusState of Odisha and another ....

Opposite Parties Mr. S. Patra, ASC

CORAM:

JUSTICE CHITTARANJAN DASH Order No.

ORDER

06.12.2022 03.

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. 498(A), 302 and 304/34 of IPC.

3. Learned Counsel for the Petitioners submits that the present Petitioners have been arrayed in this case on the basis of the complaint filed in connection with the matter. He further submits that the accused persons who have been named in the FIR, have already been granted bail. It is submitted by the learned counsel for the State that the offence U/s 302 IPC has turned to 306 IPC.

4. 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

// 2 // bail, it is directed that in the event the Petitioners surrender and move for bail in connection with 1CC Case No. 181 of 2015 pending in the court of learned JMFC, Soro within a period of three 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 with further condition as follows:- (i) The Petitioners shall appear before the I.O. and shall cooperate with the investigation as and when required; (ii) They shall not indulge in any other crime of similar nature in any manner whatsoever while on bail and (iii) Violation of any of the conditions shall entail cancellation of bail of the Petitioners.

5. The ABLAPL is disposed of accordingly.

(Chittaranjan Dash) Judge B.K Sahoo/AKPradhan