Bihari Gochhayat v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.15080 of 2022 Bihari Gochhayat & another .... Petitioners Mr. Sangram Keshari Rout, 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. 452/341/294/323/506/34, I.P.C. in connection with Industrial (NISA) P.S. Case No.221 of 2022 corresponding to G.R. Case No.1011 of 2022 pending in the court of learned J.M.F.C., Chhendipada.

3. Having regard to the nature of allegations, the seriousness and gravity of the offences and the facts and circumstances of the case, while this court is not inclined to grant anticipatory bail, however it is directed that, in the event the Petitioners surrender and move for bail before the learned J.M.F.C., Chhendipada 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

// 2 // deemed just and proper by the said court, but subject to the following further conditions - (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 fixed for trial, till conclusion of the trial.

(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.

4. The ABLAPL is disposed of accordingly.

( Chittaranjan Dash ) Judge S.K. Parida