Suvendu Sahani v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.15517 of 2022 Suvendu Sahani & Others .... Petitioners Mr. Pradeep Kumar Pradhan, Advocate -versusState of Odisha ....

Opposite Party Mr. Debasish Biswal, A.S.C.

CORAM:

JUSTICE CHITTARANJAN DASH Order No.

ORDER

19.12.2022 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. 147/148/323/506/149/294/325, I.P.C. in connection with Jajpur Sadar P.S. Case No.240 of 2022 corresponding to C.T. Case No.1982 of 2022 pending in the court of learned S.D.J.M., Jajpur Town.

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. Considering the submission of the learned counsels for the parties, nature of allegations, the circumstances appearing, the seriousness and gravity of the offences, while this court is not inclined to grant anticipatory bail, it is directed that, in the event the Petitioners surrender and move for bail before the learned S.D.J.M.,

// 2 // Jajpur Town in the aforesaid C.T. 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 the injury if not found grievous. If the injuries are found to be grievous, this order shall not be given effect to. However, if the learned Magistrate is satisfied that the injuries are 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.

5. The ABLAPL is disposed of accordingly.

( Chittaranjan Dash ) Judge S.K. Parida