Orissa High Court
Pratyusha Kumar Pradhan vs State Of Odisha .... Opp. Party on 2 May, 2023
Author: Chittaranjan Dash
Bench: Chittaranjan Dash
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No. 3904 of 2023
Pratyusha Kumar Pradhan .... Petitioner
Mr. S.K. Pattnaik, Advocate
-versus-
State of Odisha .... Opp. Party
Mr. D. Biswal, ASC.
CORAM:
JUSTICE CHITTARANJAN DASH
ORDER
Order No. 02.05.2023
01. 1. Heard learned counsel for the Petitioner and for 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 under Sections- 294/323/324/506 of IPC.
3. Perusal of the FIR reveals that on 16.04.2023 while the Informant was discussing with his uncle in front of his house, the Petitioner came near to him and abused him in obscene languages and also assaulted by means of a bill hook as a result he sustained bleeding injury on his left arm.
4. Considering the submission of the learned counsel for the Petitioner, nature of allegations, the circumstances appearing, the seriousness and gravity of the offences, while this Court is not inclined to grant anticipatory bail, it is directed that in the event the Petitioner surrenders and moves for bail in connection Khamar P.S Case No. 75 of 2023 corresponding to G.R. Case No. 174 of 2023 pending in the court of learned S.D.J.M., Pallahara within a period // 2 // of three weeks hence, he shall be admitted to bail on such terms and conditions as would be deemed just and proper by the said court, but subject to cash deposit of Rs. 3,000/- (Rupees Three Thousand) only in the manner to be directed by the court to its satisfaction with further conditions as follows:-
(i)The Petitioner shall appear before the I.O. as and when required and shall cooperate with the investigation till the submission of Final Form;
(ii) Shall also appear before the trial court on each date of trial unless specifically exempted or consider the prayer U/s. 317 Cr.P.C;
(iii) Shall not threaten, intimidate or terrorize the Informant;
(iv) Shall not tamper with the prosecution evidence in any manner whatsoever;
(v) 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 antecedent is noticed and the injuries are found to be grievous, 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. The ABLAPL is disposed of accordingly.
(Chittaranjan Dash)
BIJAY KETAN Digitally signed by BIJAY
KETAN SAHOO
Judge
SAHOO Date: 2023.05.03
05:27:46 +01'00'
B.K Sahoo
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