Orissa High Court
Rabindra Kalta @ Rabi And vs State Of Odisha .... Opp. Party on 31 July, 2023
Author: Chittaranjan Dash
Bench: Chittaranjan Dash
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.6713 of 2023
Rabindra Kalta @ Rabi and .... Petitioners
Others
M/s. Saroj Kumar Mishra, Advocate
-versus-
State of Odisha .... Opp. Party
Mr. M. K. Mohanty, ASC
CORAM:
JUSTICE CHITTARANJAN DASH
ORDER
Order No. 31.07.2023
01. 1. Heard learned counsel for the Petitioners and 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 U/s.341/294/323/324/325/354/336/427/506/34 of IPC in connection with Manamunda PS Case No.147 of 2023 corresponding to CT Case No.153 of 2023 pending in the court of learned JMFC, Kantamal.
3. It is alleged that Manas Mishra, Rabi Kalta, Mahendra Kalta, Prakash Kalta, Rakesh Kalta, Abhimanyu Kalta, Mukesh Kalta, Debanarayan Kheti and Others abused and threatened the Page 1 of 2 // 2 // Informant to kill him. One Manas Mishra assaulted him by means of one sharp bend iron on his head in the intension to kill in life. As a result of which, he received severe bleeding injury. To save him, his wife-Babita Kheti took him to his home and closed the door. At that time, all the miscreants abused in obscene languages and pulled and pushed to his wife and then they pelted brick and stones to his house. As a result of which, the asbestos of the roof got damaged. They threatened them dire consequence. On 25.05.2023, one pump set was stolen. He suspected that the above noted miscreants may have left the pump set.
4. Having regard to the nature of allegations as emerged from the materials on record, 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 with Manamunda PS Case No.147 of 2023 corresponding to CT Case No.153 of 2023 pending in the court of learned JMFC, Kantamal within a period of three weeks hence, they shall be released on such terms and conditions as would deem just and proper by the said court subject to verification of Criminal Antecedents in respect to the Petitioners and depositing cash of Rs.750/- (Rupees Seven Hundred Fifty) each by each of the Petitioners in the court in seisin over the matter.
5. If there appears any Criminal Antecedent in respect to the Petitioners, besides the present issue, this order shall not be given Page 2 of 3 // 3 // effect to. If the learned court finds the above in accordance with the direction and proposes to allow the Petitioners to be released on bail, the following further conditions shall be imposed:-
(i) The Petitioners shall appear before the I.O. and cooperate with the investigation as and when required till the submission of final form;
(ii) they shall also appear before the trial court on each date of trial unless exempted specifically and/or consider the prayer moved U/s.317 Cr.P.C.;
(iii) they shall not extend threat, terrorize, ill-treat or harass the Informant 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 shall entail cancellation of bail.
6. The ABLAPL is disposed of accordingly.
(Chittaranjan Dash) Judge AKPradhan Signature Not Verified Digitally Signed Signed by: ANANTA KUMAR PRADHAN Designation: SR. STENOGRAPHER Reason: Authentication Location: HIGH COURT OF ORISSA Date: 01-Aug-2023 10:23:45 Page 3 of 3