Pramod Kumar Pradhan v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 15931 of 2022 Pramod Kumar Pradhan ....

Petitioner Mr. Deepak Kumar Sahoo, Advocate -versusState of Odisha ....

Opp. Party Mr. S. Patra, ASC

CORAM:

JUSTICE CHITTARANJAN DASH Order No.

ORDER

21.12.2022 01.

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

2. This is an application for bail U/s. 438 Cr.P.C. filed by the Petitioner in apprehension of arrest for his alleged involvement in the offences U/s. 341/447/294/323/353/354-B/307/506/427/34 of IPC.

3. Learned counsel for the Petitioner submits that the present Petitioner is a member of the trade Union group and due to the difference of opinion this false case has been filed by the Informant and the alleged offences are not made out against the Petitioner and there is no corresponding injury.

4. Learned counsel for the Informant opposes the contentions raised by learned counsel for the Petitioner.

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5. 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, it is directed that in the event the Petitioner surrenders and moves for bail in connection with Kendrapara Sadar P.S. Case No.429 of 2022 corresponding to G.R. Case No.2093 of 2022 pending in the court of learned SDJM, Kendrapara within a period of three weeks hence and they shall be released on such terms and conditions as would be deemed just and proper subject to verification of antecedents. If the court notices more than one antecedent against the Petitioner, the order of this court shall not be given effect to and the court shall deal with the application according to law. However, if no antecedent is noticed and the court intend to release the Petitioner on bail shall further impose the following conditions:- (i) The Petitioner shall appear before the I.O. and cooperate with the investigation as and when required;

(ii) shall furnish an undertaking to the effect that he shall not make any attempt to sabotage or protest in the Office of the Informant;

(iii) shall also appear before the trial court on each date of trial, without fail, till conclusion of the trial;

(iv) shall not threaten, intimidate or terrorize the Informant any manner;

(v) shall not tamper with the prosecution evidence in any manner whatsoever;

// 3 // (vi) shall not indulge in any other crime of similar nature or otherwise to the present case, in any manner whatsoever, while on bail and (vii) violation of any of the conditions shall entail cancellation of bail.

6. The ABLAPL is disposed of accordingly.

(Chittaranjan Dash) Judge B.K Sahoo/AKPradhan