Ashok Kumar Palei v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.16277 of 2022 Ashok Kumar Palei and others ....
Petitioners Mr. A.R. Panda, Advocate -versusState of Odisha ....
Opp. Party Mr. T.K. Pattanaik, A.S.C.
CORAM:
JUSTICE A.K. MOHAPATRA Order No.
ORDER
23.12.2022 01.
1.
This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
2.
Heard learned counsel for the petitioners and learned Additional Standing Counsel for the State.
3.
This is an application under Section 438, Cr.P.C. filed by the petitioners for anticipatory bail.
4.
The petitioners are seeking pre-arrest bail in connection with G.R. Case No.1078 of 2022, arising out of Balanga P.S. Case No.204 of 2022 pending in the court of learned J.M.F.C., Nimapara for commission of offences punishable under Sections 341/294/323/ 324/354/34, I.P.C.
5.
Considering the nature of allegation, gravity of offence and the fact of the case, I am not inclined to grant anticipatory bail to the petitioners. However, it is directed that in the event the petitioners 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 with further conditions
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The petitioners shall cooperate with the Investigating Officer as and when required for the purpose of investigation;
II.
they shall not indulge in similar criminal activities while on bail; and III.
they shall not threaten, harass and terrorize the informant and her /his family members in any manner whatsoever.
Violation of any of the terms and conditions shall entail cancellation of bail.
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. 7.
It is further directed that the bail granted to the petitioners is subject to the condition that learned court below shall verify whether injuries sustained by the injured are grievous in nature. In the event it is found that the injury is grievous in nature, this bail order shall automatically stand revoked. Case diary along with the criminal antecedents and injury report be made available on the date of surrender of the petitioners before the leaned court below. 8.
Accordingly, the ABLAPL is disposed of.
Urgent certified copy of this order be granted on proper application.
( A.K. Mohapatra) Judge Jagabandhu
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