Orissa High CourtABLAPL/14998/2022disposed off

Basanta Kumar Sahoo v. State Of Odisha

2022-12-12Mr. Justice Chittaranjan Dash2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 14998 of 2022 Basanta Kumar Sahoo and Others ....

Petitioners Mr. C. Pattnaik, Advocate -versusState of Odisha ....

Opp. Party Mr. Debasis Biswal, ASC

CORAM:

JUSTICE CHITTARANJAN DASH Order No.

ORDER

12.12.2022 01.

1. Heard learned counsel for the Petitioners and 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. 341/294/323/354/506/34 IPC.

3. Learned counsel for the Petitioners submits that the present FIR has been registered of a dispute concerning the property i.e. shop between the parties with agnatic relations.

4. Prima facie, therefore, 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, it is directed that in the event the Petitioners surrender and move for bail in connection with Bolgarh P.S. Case No.281 of 2022 corresponding to G.R. Case No.1886 of 2022 pending in the court of learned S.D.J.M., Khurda within a period of three weeks

// 2 // 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. However, if the learned court allows the Petitioners to go on bail, then the following further conditions shall be imposed:- (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, till conclusion of the trial; (iii) they shall not tamper with the prosecution evidence in any manner whatsoever;

(iv) they shall not indulge in any other crime of similar nature or otherwise 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