Rasmi Ranjan Jena v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.16095 of 2022 Rasmi Ranjan Jena and others ....

Petitioners Mr. B. Pr. Chhualsingh, Advocate -versusState of Odisha ....

Opp. Party Mr. P.K. Rout, A.G.A.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

22.12.2022 01.

1.

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

Learned counsel for the petitioners does not want to press the bail application of the petitioner no.4-Mirza Imabad Beg@ Babu. Accordingly, bail application of the petitioner no.4 stands dismissed as not pressed.

2.

Heard learned counsel for the petitioners and learned Additional Standing Counsel for the State. Perused the case diary. 3.

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

4.

So far as the petitioner nos. 1, 2, 3, 5 and 6 are concerned. The petitioners are seeking pre-arrest bail in connection with G.R. Case No.1059 of 2022, arising out of Nimapara P.S. Case No.395 of 2022 pending in the court of learned J.M.F.C., Nimapara for commission of offences punishable under Sections 341/323/294/353/379/506/34, I.P.C.

5.

Considering the nature of allegation, gravity of offence and the

// 2 // fact of the case, I am not inclined to grant anticipatory bail to the petitioner Nos.1, 2, 3, 5 and 6. However, it is directed that in the event the petitioner Nos.1, 2, 3, 5 and 6 surrender and move 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, they shall be released on bail on such terms and conditions as would be deemed just and proper.

6.

It is further directed that the bail granted to the petitioners is subject to the condition that learned court below shall verify whether the petitioners have any criminal antecedents of similar nature. In the event it is found that the petitioners have any criminal antecedents of similar nature, this bail order shall automatically stand revoked. Case diary along with criminal antecedents be made available on the date of surrender of the aforesaid petitioners before the learned court below.

7.

Accordingly, the ABLAPL is disposed of.

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

( A.K. Mohapatra) Judge Jagabandhu