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Orissa High CourtABLAPL/14846/2022disposed off

Bholasankar Das v. State Of Odisha

2022-12-06Mr. Justice Chittaranjan Dash2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.14846 of 2022 Bholasankar Das ....

Petitioner Mr. Manoranjan Acharya, Advocate -versusState of Odisha ....

Opposite Party Mr. M.K. Mohanty, A.S.C.

CORAM:

JUSTICE CHITTARANJAN DASH Order No.

ORDER

06.12.2022 01.

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

2. By means of this application, the Petitioner seeks grant of bail U/s.438 Cr.P.C. in apprehension of arrest for his alleged involvement in the offences U/s. 294/323/354/506/34, I.P.C. in connection with Odagaon P.S. Case No.175 of 2022 corresponding to G.R. Case No.307 of 2022 pending in the court of learned J.M.F.C., Odagaon.

3. Keeping in view the submissions of the parties and having gone through the nature of allegations as emerged from the materials on record, and further the circumstances appearing, the seriousness and gravity of the offences, this court is not inclined to grant anticipatory bail. However, it is directed that in the event the Petitioner surrenders and moves for bail before the learned J.M.F.C., Odagaon in the aforesaid G.R. Case within a period of three weeks from today, he shall be allowed to go on bail on such

// 2 // terms and conditions as would be deemed just and proper by the said court, but subject to the following further conditions - (i) The Petitioner shall appear before the I.O. and shall cooperate with the investigation as and when required;

(ii) He shall also appear before the trial court on each date of trial, without fail.

(iii) He shall not threaten, intimidate, terrorise, ill-treat or harass the informant and her family members as well as the prosecution witnesses in any manner and shall not tamper with the prosecution evidence in any manner whatsoever, while on bail. (iv) Violation of any of the conditions shall entail cancellation of bail of the Petitioners.

4. The ABLAPL is disposed of accordingly.

( Chittaranjan Dash ) Judge S.K. Parida