Sagar Sethy v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 15466 of 2022 Sagar Sethy & others .... Petitioners Mr. D.K. Sahoo, Advocate -versusState of Odisha ....

Opposite Party Mr. M. K. Mohanty, ASC

CORAM:

JUSTICE CHITTARANJAN DASH Order No.

ORDER

19.12.2022 01.

1. Heard learned counsel for the Petitioners and the State.

2. This is an application for grant of bail U/s. 438 Cr.P.C. filed by the Petitioners in apprehension of arrest for their alleged involvement in the offences U/s. 341/323/354/354-A/379/451/34 of IPC.

3. Learned counsel for the Petitioners submits that there is a case and counter case between the parties. He further submits that due to some previous dispute the case has been registered.

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 the anticipatory bail, it is directed that in the event the Petitioners surrender and move for bail in connection with Nikirai P.S. Case No.179 of 2022

// 2 // corresponding to G.R. Case No.10 of 2022 pending in the court of learned J.M.F.C., (Cog Taking), Kendrapara 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 subject to the condition that the earlier Petitioners would not have been entangled with similar kind of offences and they shall appear in person before the court below on each date of posting of the case unless specifically exempted by the court concerned with further condition 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 indulge in threatening, terrorizing or intimidating the Informant and her family in any manner whatsoever while on bail and (iii) violation of any of the conditions shall entail cancellation of bail of the Petitioners.

5. The ABLAPL is disposed of accordingly.

(Chittaranjan Dash) Judge B.K Sahoo/AKPradhan