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Orissa High Court

Koura @ Dasarathi Karna vs State Of Odisha .... Opp. Party on 29 February, 2024

Author: Chittaranjan Dash

Bench: Chittaranjan Dash

                  IN THE HIGH COURT OF ORISSA AT CUTTACK

                                 ABLAPL No.1720 of 2024

               Koura @ Dasarathi Karna                ....                Petitioner
                                                   Mr. D.R. Mishra, Advocate

                                           -versus-

               State of Odisha                        ....            Opp. Party
                                                      Mr. M.K. Mohanty, ASC

                        CORAM:
                        JUSTICE CHITTARANJAN DASH
                                            ORDER

Order No. 29.02.2024

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

2. By means of this application, the Petitioner seeks grant of bail U/s.438 Cr.P.C. in apprehension of arrest for his alleged involvement in the offences U/s.341/294/427/326/506 IPC read with Section 3 of the PDPP Act in connection with Birmaharajpur P.S. Case No.194 of 2022 corresponding to G.R. Case No.427 of 2022 pending in the court of the learned S.D.J.M., Birmaharajpur.

3. As reveals from the FIR while the Informant standing in front of his house, the Petitioner came and removed the electric wire of the streetlight which was in front of his house. When the Informant opposed, the Petitioner abused him in filthy languages and pressed his neck with intention to kill him in life, kicked on his chest, bite his ear resulting half of his ear got separated and caused bleeding injury where after the Informant was shifted to hospital.

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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 to Birmaharajpur P.S Case No.194 of 2022 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 cash deposit of Rs.3,000/- (Rupees three thousand) in the manner to be directed by the court to its satisfaction.

5. It is made clear that the learned court below shall verify the criminal antecedent of the Petitioner. In case antecedent involving grave offence 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.

6. The ABLAPL is disposed of accordingly.

(Chittaranjan Dash) Judge KC Bisoi Signature Not Verified Digitally Signed Signed by: KRUSHNA CHANDRA BISOI Designation: Secretary Reason: Authentication Location: orissa high court Date: 02-Mar-2024 13:17:23 Page 2 of 2