Harihar Behera v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 15198 of 2022 Harihar Behera & others ....

Petitioners Mr. S. P. Dash Advocate -versusState of Odisha ....

Opp. Party Mr. D. Biswal, ASC

CORAM:

JUSTICE CHITTARANJAN DASH Order No.

ORDER

15.12.2022 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. 365 of IPC.

3. Learned counsel for the Petitioners submits that the principal accused Balaram Behera has been taken to custody and the missing girl has been rescued.

4. Having regard to the nature of allegations 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 Chandua P.S. Case No.83 of 2022 corresponding to C.T. Case No.1656 of 2022 pending in the court of learned S.D.J.M.(S), Baripada within a period of three weeks hence and move for bail, they shall be

// 2 // 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 and (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