Orissa High CourtABLAPL/15941/2022disposed off

Prasant Mohanty v. State Of Odisha

2022-12-21Mr. Justice Chittaranjan Dash2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 15941 of 2022 Prasant Mohanty ....

Petitioner Mr. P.K. Das, Advocate -versusState of Odisha ....

Opp. Party Mr. M.K. Mohanty, 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. 341/294/307/323/506/34 of IPC.

3. Learned counsel for the Petitioner submits that the Petitioner does not have any criminal antecedent.

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, it is directed that in the event the Petitioner surrenders and moves for bail in connection with Kujang P.S. Case No.0382 of 2022 corresponding to G.R. Case No.968 of 2022 pending in the court of learned J.M.F.C., (P) Kujang within a period of three weeks hence and move for bail, he shall be released on such terms

// 2 // and conditions as would be deemed just and proper by the said court, but subject to verification of the injury report and criminal antecedent of the Petitioner.

5. If the injuries are found to be grievous in nature and there appears more than one criminal antecedent standing to the credit of the Petitioner, this bail order shall not be given effect to. However, if the learned court allows the Petitioner to go on bail, then the following further conditions shall be imposed:- (i) The Petitioner shall appear before the I.O. and shall cooperate with the investigation as and when required; (ii) he shall also appear before the trial court on each date of trial, without fail, till conclusion of the trial; (iii) he shall not threaten, intimidate or terrorize the Informant; (iv) he shall not tamper with the prosecution evidence in any manner whatsoever;

(v) he 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.

6. The ABLAPL is disposed of accordingly.

(Chittaranjan Dash) Judge B.K Sahoo/AKPradhan