Gouranga Chandra Bhoi @ Gautam Das v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.14849 of 2022 Gouranga Chandra Bhoi @ Gautam Das & Others ....

Petitioners Mr. Siva Sankar Chaini, 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 Petitioners and the State.

2. By means of this application, the Petitioners seek grant of bail U/s.438 Cr.P.C. in apprehension of arrest for their alleged involvement in the offences U/s.294/323/506/34, I.P.C. in connection with Bhubaneswar Pahala P.S. Case No.202 of 2022 corresponding to G.R. Case No.1220 of 2022 pending in the court of learned J.M.F.C. (O), Bhubaneswar.

3. It reveals from the materials on record that the victim woman is 22 years old and the principal accused in the case is Sapan Kumar who has since been protected by the order of this Court in ABLAPL No.13071 of 2022 for pre-arrest bail. In the present, there appear the family members of said principal accused Sapan Kumar, who have been allegedly involved in offences under Sections 294/323/506/34, I.P.C.

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4. 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 Petitioners surrender and move for bail before the learned J.M.F.C., (O), Bhubaneswar in the aforesaid G.R. Case within a period of three weeks from today, they shall be allowed to go on bail on such terms and conditions as would be deemed just and proper by the said court, but subject to the following further conditions - (i) The Petitioners shall appear before the I.O. and shall cooperate with the investigation as and when required;

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

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

5. The ABLAPL is disposed of accordingly.

( Chittaranjan Dash ) Judge S.K. Parida