Jagannath Pradhan v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 15004 of 2022 Jagannath Pradhan & another .... Petitioners Mr. A.K Swain-1, Advocate -versusState of Odisha ....

Opposite Party Mr. D.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 grant of 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/302/304-B/34 of IPC & Section-4 of D.P. Act.

3. It is submitted by the learned counsel for the Petitioners that the FIR itself discloses that the Petitioners have nothing to do with the present allegations and they are considered to be good persons as disclosed by the deceased daughter. According to the learned counsel for the Petitioners the FIR further reveals that the death of the deceased is one of suicidal hanging.

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

// 2 // offences, while this Court is not inclined to grant the anticipatory bail, it is directed that in the event the Petitioners surrender and move for bail in connection with Daspalla P.S. Case No.232 of 2022 corresponding to G.R. Case No.397 of 2022 pending in the court of learned J.M.F.C., Daspalla 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 subject to the condition that the earlier Petitioners would not have been entangled with similar kind of offences and 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 appear before the trial court on each date of trial, without fail, till conclusion of the trial; (iii) they shall not indulge in threatening, terrorizing or intimidating to the members of informant party in any manner whatsoever while on bail and (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 B.K Sahoo/AKPradhan