Sunita Behera @ Parida v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.15125 of 2022 Sunita Behera @ Parida & others .... Petitioners Mr. Biswaranjan Dalai, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE CHITTARANJAN DASH Order No.

ORDER

14.12.2022 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. 341/294/354-B/323/307/506/34, I.P.C. in connection with Kujang P.S. Case No.433 of 2022 corresponding to G.R. Case No.1134 of 2022 pending in the court of learned J.M.F.C. (P), Kujang.

3. Learned counsel for the Petitioners submits that there is no criminal antecedent standing to the credit of the present Petitioners except the present case and the injuries inflicted to the injured are simple in nature.

4. As it reveals from the F.I.R., the present dispute arose out of cutting of a 'Chakunda' tree.

5. Considering the submission of the learned counsel for the Petitioners, nature of allegations, the circumstances appearing and the seriousness and gravity of the offences, while this court is not

// 2 // 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. (P), Kujang 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 verification of Criminal Antecedents of the Petitioners and the injury if not found grievous. If it is found that there is more than one antecedent to the credit of the Petitioners or the injuries to be grievous, this order shall not be given effect to. However, if the learned Magistrate is satisfied that there is not more than one criminal antecedent and the injuries to be not grievous in nature and admits the Petitioners to bail, the following further conditions be imposed - (i) The Petitioners shall appear before the I.O. and shall cooperate with the investigation as and when required;

(ii) They shall appear in person before the trial court on each date of posting of the case unless specifically exempted by the court concerned.

(iii) They shall not threaten, intimidate, terrorise, ill-treat or harass the Informant and his family members including the prosecution witnesses in any manner 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.

6. The ABLAPL is disposed of accordingly.

( Chittaranjan Dash ) Judge S.K. Parida