Dilip Kumar v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.15073 of 2022 Dilip Kumar & another .... Petitioners Mr. Sabyasachi Mishra, Advocate -versusState of Odisha ....

Opposite Party Mr. M.K. Mohanty, A.S.C.

CORAM:

JUSTICE CHITTARANJAN DASH Order No.

ORDER

13.12.2022 01.

1. Heard the learned counsels 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. 294/506/385/34, I.P.C., in connection with Jatni P.S. Case No.309 of 2021 corresponding to G.R. Case No.325 of 2021 pending in the court of learned J.M.F.C., Jatni.

3. Learned counsel for the Petitioners submits that the present Petitioners are the intending purchasers in respect of the subject matter of the lis and are no way connected with the allegations except that of the offence under Section 506, I.P.C., which also does not appear to be one applicable to the present petitioners.

4. Having regard to the nature of allegations and the circumstances appearing, the seriousness and gravity of the offences, while this court is not inclined to grant anticipatory bail, however, it is directed that, in the event the Petitioners surrender and move for

// 2 // bail before the learned J.M.F.C., Jatni 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 trial court on each date fixed for trial, without fail.

(ii) They shall furnish relevant documents before the learned court in seisin over the matter as regards their present avocation and place of residence owing to the avocation in the Railways. (iii) They shall not threaten, intimidate, terrorise, ill-treat or harass the Informant and his family members including the prosecution witnesses and shall not tamper with the prosecution evidence in any manner whatsoever, while on bail.

(iv) Violation of any of the conditions shall entail cancellation of bail of the Petitioner.

5. The ABLAPL is disposed of accordingly.

( Chittaranjan Dash ) Judge S.K. Parida