Rajesh Pal v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.15816 of 2022 Rajesh Pal ....

Petitioner Mr. A. Tripathy, Advocate -versusState of Odisha ....

Opp. Party Mr. S.N. Das, A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

21.12.2022 01.

1.

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

2.

Heard learned counsel for the petitioner, learned counsel for the informant and learned Additional Standing Counsel for the State. Perused the case diary.

4.

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

5.

The petitioner is seeking pre-arrest bail in connection with G.R. Case No.850 of 2022, arising out of Nayagarh P.S. Case No.202 of 2022 pending in the court of learned S.D.J.M., Nayagarh for commission of offences punishable under Sections 341/323/294/ 307/506/34/325, I.P.C.

6.

It is submitted by learned counsel for the petitioner that although the petitioner has been named in the F.I.R., however, he has no role to play in the alleged crime by referring to forwarding report of the Police, there has been specifically written that Dipu @ Dipak Paul and Saratha Paul abused in obscene languages and threatened with dire consequences and also assaulted the daughter of the

// 2 // informant on her head, if the case is not withdrawn. It is further submitted that the bail application of the petitioner may be considered liberally.

7.

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

The petitioner shall cooperate with the Investigating Officer as and when required for the purpose of investigation;

II.

he shall not threaten, harass and terrorize the informant and her /his family members in any manner whatsoever; and III. he shall not indulge in similar criminal activities while on bail.

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

8.

Accordingly, the ABLAPL is disposed of.

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

( A.K. Mohapatra) Judge Jagabandhu