Orissa High Court
Chiku @ Subrata Kumar Biswal vs State Of Odisha .... Opp. Party on 26 April, 2023
Author: Chittaranjan Dash
Bench: Chittaranjan Dash
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.3750 of 2023
Chiku @ Subrata Kumar Biswal .... Petitioner
Mr. Suryanarayan Panigrahi, Advocate
-versus-
State of Odisha .... Opp. Party
Mr. S. Patra, ASC
CORAM:
JUSTICE CHITTARANJAN DASH
ORDER
Order No. 26.04.2023
01. 1. Heard learned counsel for the Petitioner and the State.
2. This is an application for bail U/s. 438 Cr.P.C. filed by the Petitioner in apprehension of arrest for his alleged involvement in the offences U/s.341/323/294/427/506/34 of IPC in connection with Sahid Nagar PS Case No.59 of 2023 corresponding to CT Case No.141 of 2023 pending in the court of learned JMFC-III, Bhubaneswar.
3. It is alleged that while the meeting was going on at Utkal University in PG Council, the ABVP/RSS activist students entered into the said meeting hall and abused them in filthy language and threatened to stop the meeting. When the Informant along with lecturer objected the same and advised them if they could have any question they could ask. Being aggrieved, the accused persons abused in filthy language and assaulted the Informant and the Page 1 of 2 // 2 // lecturer by means of fist blows and kick and attempted to kill them in life for which the informant sustained injury on his shoulder.
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 Petitioner surrenders and moves for bail in connection with Sahid Nagar PS Case No.59 of 2023 corresponding to CT Case No.141 of 2023 pending in the court of learned JMFC-III, Bhubaneswar 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, but subject to verification of the injuries if not grievous.
5. 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 to be released on bail, the following further conditions shall be imposed:-
(i) The Petitioner shall furnish an undertaking before the concerned police station that he would not resort to such unlawful activities in future in the premises of the University except an authority from the Vice Chancellors of the University.
(ii) Shall appear before the I.O. and cooperate with the investigation as and when required till the submission of final form;Page 2 of 3
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(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. The ABLAPL is disposed of accordingly.
(Chittaranjan Dash) Judge AKPradhan Page 3 of 3