Orissa High Court
Subash @ Subas Chandra Malik vs Union Of India (Railway) .... Opp. Party on 13 July, 2023
Author: A.K. Mohapatra
Bench: A.K. Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.5562 of 2023
Subash @ Subas Chandra Malik .... Petitioner
Mr. A.K. Sahoo, Advocate
-versus-
Union of India (Railway) .... Opp. Party
Mr. P.K. Parhi, DSGI along with
Mr. U.R. Jena, CGC
CORAM:
JUSTICE A.K. MOHAPATRA
ORDER
Order No. 13.07.2023
01. 1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. Heard learned counsel for the petitioner and learned counsel for the Union of India (Railway).
3. This is an application under Section 438, Cr.P.C. filed by the petitioner for anticipatory bail.
4. The petitioner is seeking pre-arrest bail in connection with 2(C) CC Case No.1066 of 2022, arising out of RPF/Post/Bhadrak P.S. Case No.23 of 2022 pending in the court of learned S.D.J.M., Bhadrak for commission of offences punishable under Section 3(a) of RP(UP) Act.
5. It is submitted by learned counsel for the petitioner that on similar footing with the present petitioner, another co-accused has already been released on bail by this Court vide order dated 12.09.2022 in ABLAPL No.10860 of 2022.
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6. Considering the nature of allegation, gravity of offence and the fact of the case, I am not inclined to grant anticipatory bail to the petitioner. However, it is directed that in the event the petitioner surrenders and moves 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, he shall be released on bail on such terms and conditions as would be deemed just and proper with further conditions that:-
I. The petitioner shall cooperate with the Investigating Officer as and when required for the purpose of investigation;
II. he shall not default in attendance of the court during trial on each date of posting; and III. while on bail, he 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.
7. It is further directed that the bail granted to the petitioner is subject to the condition that learned court below shall verify whether the petitioner has any criminal antecedents of similar nature. In the event it is found that the petitioner has any criminal antecedents of similar nature, this bail order shall automatically stand revoked.
8. It is further directed that the bail granted to the petitioner is subject to the condition that the learned court below shall verify whether the petitioner has any criminal antecedents of similar nature. In the event it is found that the petitioner has any criminal // 3 // antecedents of similar nature, this bail order shall automatically stand revoked. Case diary along with criminal antecedents be made available to the court on date of surrender.
9. Accordingly, the ABLAPL is disposed of.
Urgent certified copy of this order be granted on proper application.
( A.K. Mohapatra) Judge Jagabandhu Signature Not Verified Digitally Signed Signed by: JAGABANDHU BEHERA Designation: Secretary-in-Charge Reason: Authentication Location: OHC, CUTTACK Date: 14-Jul-2023 10:53:31