Orissa High CourtABLAPL/15937/2022disposed off

Jogi Jena @ Bulu Jena v. State Of Odisha

2022-12-21Mr. Justice Chittaranjan Dash2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 15937 of 2022 Jogi Jena @ Bulu Jena ....

Petitioner Mr. M. Immamuddin, 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. 323/294/341/354/506 of IPC.

3. It is submitted by the learned counsel for the Petitioner that due to long standing civil dispute concerning a Government plot the FIR has been lodged against the Petitioner.

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, this Court is not inclined to grant the anticipatory bail, however, it is directed that in the event the Petitioner surrenders and moves for bail in connection with G.R. Case No.950 of 2022 arising out of Delanga P.S. Case No.356 of 2022 pending in the

// 2 // court of learned J.M.F.C., Pipili within a period of three weeks hence and he shall be admitted to go on bail on such terms and conditions as would be deemed just and proper by the said court with further conditions that the Petitioner shall appear in person before the learned court below on each date of posting of the case; the Petitioner shall appear before the I.O. and shall cooperate with the investigation as and when required; shall not threaten, intimidate or terrorize the Informant; shall not tamper with the prosecution evidence in any manner whatsoever and shall not indulge in any other crime of similar nature to the present case, in any manner whatsoever, while on bail. Violation of any of the conditions shall entail cancellation of bail.

5. It is made clear that the learned Court below shall verify the criminal antecedent of the Petitioner. In case more than one antecedent is noticed, the order of this Court shall not be given effect to and the court shall be free to deal with matter of bail according to its merit without further reference to the present.

6. The ABLAPL is disposed of accordingly.

(Chittaranjan Dash) Judge B.K Sahoo/AK Pradhan