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[Cites 6, Cited by 0]

Orissa High Court

Anil Kumar Parida vs State Of Odisha .... Opposite Party on 17 November, 2022

Author: Chittaranjan Dash

Bench: Chittaranjan Dash

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                              ABLAPL No.14388 of 2022

            Anil Kumar Parida                        ....            Petitioner
                                                     Mr. D.K. Panda, Advocate
                                        -versus-
            State of Odisha                          ....       Opposite Party
                                                   Mr. Shashanka Patra, A.S.C.

                          CORAM:
                          JUSTICE CHITTARANJAN DASH
                                        ORDER

Order No. 17.11.2022

01. 1. Heard learned counsel for the Petitioner and the State.

2. By means of this application, the Petitioner seeks grant of bail under Section 438, Cr.P.C. in anticipation of arrest for his alleged involvement in the offence under Sections 386/507/323/307/506, I.P.C., in connection with Aska P.S. Case No.723 of 2022 corresponding to G.R. Case No.1483 of 2022 pending in the Court of learned J.M.F.C., Aska.

3. Considering the submission of the parties, having gone through the nature of allegations as emerged from the materials on record, the circumstances appearing, seriousness and gravity of the offence, it is directed that in the event the Petitioner surrenders and moves for bail before the learned J.M.F.C., Aska in the aforesaid G.R. Case within a period 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 verification of criminal antecedent of the petitioner.

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4. If it is found that there is more than one criminal antecedent stands to the credit of the petitioner, the bail granted herein shall not be given effect to.

5. However, in case no antecedent is noticed as stated above and the court concerned proposes for bail, the following further conditions be added -

(i) The Petitioner shall appear before the I.O. and shall cooperate with the investigation, as and when required;
(ii) He shall also appear before the trial court on each date of trial, without fail, till conclusion of the trial.
(iii) He shall not threaten, terrorise, ill-treat or harass the Informant and his family members including the prosecution witnesses in any manner and shall not tamper with the prosecution evidence in any manner whatsoever.
(iv) Violation of any of the conditions, as above, shall entail cancellation of the bail automatically.

6. The ABLAPL is disposed of accordingly.

(Chittaranjan Dash) Judge S.K.Parida Page 2 of 2