Orissa High Court
Jayanti Sundaray & Others vs State Of Odisha .... Opp. Party on 1 May, 2023
Author: Chittaranjan Dash
Bench: Chittaranjan Dash
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No. 3817 of 2023
Jayanti Sundaray & others .... Petitioners
Mr. S.K. Bhanjadeo, Advocate
-versus-
State of Odisha .... Opp. Party
Mr. D. Biswal, ASC.
CORAM:
JUSTICE CHITTARANJAN DASH
ORDER
Order No. 01.05.2023
01. 1. Heard learned counsel for the Petitioners and for the State.
2. This is an application for bail U/s. 438 Cr.P.C. filed by the Petitioners in apprehension of arrest for their alleged involvement in the offences under Sections- 294/427/506/34 of IPC.
3. Perusal of the FIR reveals that the Petitioners at different occasions had assaulted the Informant and also damaged the door as well as television and antenna and threatened to do away with her life. It is further alleged that on 04.04.2023 the Petitioners abused the Informant in obscene languages and damaged the asbestos as well as the glasses of the house and had stolen some household articles.
4. Considering the submission of the learned counsel for the Petitioners, 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 Petitioners surrender and move for bail in connection Khurda Sadar // 2 // P.S Case No. 113 of 2023 corresponding to G.R. Case No. 325 of 2023 pending in the court of learned S.D.J.M., Khurda within a period of three weeks hence, they 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. 2,000/- each (Rupees Two Thousand Each) only in the manner to be directed by the court to its satisfaction with further conditions as follows:-
(i)The Petitioners 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 Petitioners. In case antecedent is noticed, 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) Judge B.K Sahoo Digitally signed by BIJAY KETAN BIJAY KETAN SAHOO SAHOO Date: 2023.05.02 Page 2 of 2 05:50:48 +01'00'