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Orissa High CourtABLAPL/15052/2022disposed off

Bikram Behera v. State Of Odisha

2022-12-13Mr. Justice Chittaranjan Dash2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 15052 of 2022 Bikram Behera & others ....

Petitioners Mr. Harekrushna Dash, Advocate -versusState of Odisha ....

Opp. Party Mr. S. Patra, ASC

CORAM:

JUSTICE CHITTARANJAN DASH Order No.

ORDER

13.12.2022 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. 323/324/307/294/506/34 of IPC.

3. Learned counsel for the Petitioners submits that the present dispute is between two brothers and there is a case and counter case between the parties. It is further submitted by the learned counsel for the Petitioner that subsequent to the incident at the intervention of the gentleman, both the parties are pulling well with their relatives.

4. Having regard to 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 Parjang

// 2 // P.S. Case No.09 of 2022 corresponding to G.R. Case No.09 of 2022 pending in the court of learned J.M.F.C., Parjang within a period of three weeks hence and move for bail, they shall be allowed to go on bail on such terms and conditions as would be deemed just and proper by the said court with further conditions that the Petitioners shall appear in person before the learned court below on each date of posting of the case with further conditions as follows:- (i) The Petitioners shall appear before the I.O. and shall cooperate with the investigation as and when required. (ii) They shall not threaten, intimidate or terrorize the Informant and his family members.

(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 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