Orissa High Court
Puran Majhi And Another vs State Of Odisha .... Opp. Party on 23 May, 2023
Author: Chittaranjan Dash
Bench: Chittaranjan Dash
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.4667 of 2023
Puran Majhi and another .... Petitioners
Mr. Rabindra Nath Prusty, Advocate
-versus-
State of Odisha .... Opp. Party
Mr. D. Mund, AGA
CORAM:
JUSTICE CHITTARANJAN DASH
ORDER
Order No. 23.05.2023
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.147/148/294/323/452/379/427/307/149/120-B of IPC in connection with Kodinga PS Case No.111 of 2023 corresponding to GR Case No.635 of 2023 pending in the court of learned SDJM, Nabarangpur.
3. It is alleged that the present Petitioners along with others being armed with cudgel, stone abused the Informant in filthy languages, forcibly entered into the OS shop, pelted stone, snatched away cash of Rs.20,000/-, damaged two numbers of pouch machine and four boundless of pouch making polythene. While the Informant and other protested them, the accused persons assaulted by means of kicks, fist-
Page 1 of 2// 2 // blows etc. by lying down on the ground. Seeing this, other staff came to rescue the Informant but the accused persons also assaulted fist-blows attempted to kill them by holding their neck and threatened to kill. The damaged and lost property worth Rs.1 lakh.
4. Learned counsel for the Petitioners files a Memo in Court today stating therein that there is a Criminal Antecedent in respect to the Petitioner 1. However there is no Criminal Antecedent in respect to the Petitioner 2. The same be kept on record.
5. 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 Petitioner 2 surrenders and moves for bail in connection with Kodinga PS Case No.111 of 2023 corresponding to GR Case No.635 of 2023 pending in the court of learned SDJM, Nabarangpur within a period of three weeks hence, he shall be released on such terms and conditions as would be deemed just and proper by the said court subject to deposit of Rs.500/- (Rupees Five Hundred) in the manner to be directed by the court to its satisfaction along with verification of Criminal Antecedent in respect to the Petitioner 2 and injury if not found grievous.
6. If the injuries are found to be grievous, this order shall not be given effect to. If the learned court finds the above in accordance with the direction and proposes to allow the Petitioner 2 to be released on bail, the following further conditions shall be imposed:-
Page 2 of 3// 3 //
(i) The Petitioner 1 shall appear before the I.O. and cooperate with the investigation as and when required till the submission of final form;
(ii) he 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) he 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.
7. As far as Petitioner No.1 is concerned, his prayer for pre-arrest bail is rejected.
8. The ABLAPL is disposed of accordingly.
(Chittaranjan Dash) Vacation Judge AKPradhan Signature Not Verified Digitally Signed Signed by: ANANTA KUMAR PRADHAN Designation: SENIOR STENOGRAPHER Reason: Authentication Location: HIGH COURT OF ORISSA Date: 24-May-2023 12:22:07 Page 3 of 3