Bulu @ Chandra Sekhar Harijan v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 15154 of 2022 Bulu @ Chandra Sekhar Harijan and another ....

Petitioners Mr. T. K. Mishra, Advocate -versusState of Odisha ....

Opp. Party Mr. D. Biswal, ASC

CORAM:

JUSTICE CHITTARANJAN DASH Order No.

ORDER

14.12.2022 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. 147/148/294/323/506/120-B/332/354-B/149 of IPC.

3. Learned counsel for the Petitioners submits that the present Petitioners have not been named in the FIR and the injuries are simple in nature. He further submits that the present Petitioner is similarly placed with the co-accused who has been granted anticipatory bail vide ABLAPL No.10033 of 2022.

4. Keeping in view the submission of the parties, 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 anticipatory bail, it

// 2 // is directed that in the event the Petitioners surrender and move for bail in connection with Dabugaon P.S. Case No.120 of 2022 corresponding to G.R. Case No.387 of 2022 pending in the court of learned J.M.F.C., Umerkote within a period of three weeks hence and move for bail, they shall be released on such terms and conditions as would be deemed just and proper by the said court, but subject to verification of criminal antecedent of the Petitioners.

5. If the injuries are found to be grievous in nature and there appears more than one criminal antecedent standing to the credit of the Petitioners, this bail order shall not be given effect to. However, if the learned court allows the Petitioners to go on bail, then the following further conditions shall be imposed:- (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 of trial, without fail, till conclusion of the trial; (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.

6. The ABLAPL is disposed of accordingly.

(Chittaranjan Dash) Judge AKPradhan