Chandan Kumar Rout v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.15354 of 2022 Chandan Kumar Rout and others ....

Petitioners Mr. J. Mohapatra, Advocate -versusState of Odisha ....

Opp. Party Mr. T.K. Pattanaik, A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

19.12.2022 01.

1.

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2.

Heard learned counsel for the petitioners and learned Additional Standing Counsel for the State.

3.

This is an application under Section 438, Cr.P.C. filed by the petitioners for anticipatory bail.

4.

The petitioners are seeking pre-arrest bail in connection with G.R. Case No.886 of 2022, arising out of Chandbali P.S. Case No.376 of 2022 pending in the court of learned J.M.F.C., Chandbali for commission of offence punishable under Sections 379/411/34, I.P.C. 5.

Considering the nature of allegation, gravity of offence and the fact of the case, I am not inclined to grant anticipatory bail to the petitioners. However, it is directed that in the event the petitioners surrenders before the learned court in seisin over the matter within a period of three weeks from today in the aforesaid case, they shall be released on bail on such terms and conditions as would be deemed just and proper with further conditions that :- I.

The petitioners shall cooperate with the

// 2 // Investigating Officer as and when required for the purpose of investigation;

II.

they shall not default in attendance of the court during trial on each date of posting;

Violation of any of the terms and conditions shall entail cancellation of bail.

7.

Further, it is directed that the petitioners shall give an undertaking before the learned court below that while releasing on bail, they will ensure that the vehicle will not involve in similar nature of offences failing which this order shall automatically revoked. 8.

It is further directed that the bail granted to the petitioners is subject to the condition that learned court below shall verify whether the petitioners have any criminal antecedents of similar nature. In the event it is found that the petitioners have any criminal antecedents of similar nature, this bail order shall automatically stand revoked. Case diary along with criminal antecedents be made available to the court on date of surrender.

9.

It is open for the learned court below, if the petitioners fails to comply the aforesaid conditions, then the learned court below shall proceed against the petitioners in accordance with law. 10.

Accordingly, the ABLAPL is disposed of.

Urgent certified copy of this order be granted on proper application.

( A.K. Mohapatra) Judge Jagabandhu