Sushanta Kumar Das v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.15031 of 2022 Sushanta Kumar Das & another ....
Petitioners Mr. Asit Kumar Jena, Advocate -versusState of Odisha ....
Opposite Party Mr. S. Patra, A.S.C.
CORAM:
JUSTICE CHITTARANJAN DASH Order No.
ORDER
12.12.2022 01.
1. Heard the learned counsel for the Petitioners and the State.
2. By means of this application, the Petitioners seeks grant of bail U/s.438 Cr.P.C. in apprehension of arrest for their alleged involvement in the offences U/s.341/294/323/336/337/506/34 I.P.C. in connection with Korei P.S. Case No.365 of 2022 corresponding to C.T. Case No.1402 of 2022 pending in the court of learned J.M.F.C. Jajpur Road.
3. Keeping in view 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 bail, it is directed that in the event the Petitioners surrender and move for bail before the learned J.M.F.C., Jajpur Road in the aforesaid C.T. 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, they shall be released on such terms and conditions as would be deemed just and proper by the said court with further conditions
// 2 // 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; shall appear before the IO as and when required; shall not threaten or intimidate the Informant party in any manner whatsoever and shall cooperate with the investigation. Violation of any of the conditions shall entail cancellation of bail of the Petitioners.
4. It is made clear that the learned court below shall verify the criminal antecedent of the Petitioner. In case more than one antecedent is noticed and the injuries sustained by the injured are grievous, the order of this Court shall not be given effect to and the court shall be free to deal with the matter of bail according to its merit without further reference to the present. The ABLAPL is disposed of accordingly.
(Chittaranjan Dash) Judge Sangram Das