Orissa High Court
Pagala @ Bibhuti Bhusan Parida vs State Of Odisha .... Opposite Party on 6 July, 2023
Author: Chittaranjan Dash
Bench: Chittaranjan Dash
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.5765 of 2023
Pagala @ Bibhuti Bhusan Parida
& another .... Petitioners
Mr. Ashok Kumar Sahoo, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. M.K. Mohanty, A.S.C.
CORAM:
JUSTICE CHITTARANJAN DASH
ORDER
Order No. 06.07.2023
01. 1. Heard the learned counsel for the Petitioners and the State.
2. By means of this application, the Petitioners seek grant of bail U/s.438 Cr.P.C. in apprehension of arrest for their alleged involvement in the offences U/s. 341/294/323/379/506/34, I.P.C. in connection with Aul P.S. Case No.344 of 2023 corresponding to G.R. Case No.551 of 2023 pending in the court of the learned J.M.F.C., Aul.
3. As submitted by the learned counsel for the Petitioners and it reveals from the F.I.R., more particularly from Annexure-2, there is a civil dispute between the parties, pursuant to whereupon the quarrel ensued resulting injuries and lodging of F.I.R.
4. Having regard to the nature and gravity of the offences alleged against the Petitioners and the facts and circumstances of the case, while this court is not inclined to grant anticipatory bail, it is directed that, in the event the Petitioners surrender and move for bail before the learned J.M.F.C., Aul in G.R. Case No.551 of 2023 within a period of three weeks from today, they shall be allowed to go on bail on such terms and conditions as would be deemed just Page 1 of 2 and proper by the said court, but subject to the following further conditions -
(i) The Petitioners shall appear before the I.O. as and when required and shall cooperate with the investigation.
(ii) They shall also appear before the trial court on each date of posting of the case unless specifically exempted from such appearance or the court considers the prayer of the Petitioner U/s. 317 Cr.P.C.
(iii) They shall not threaten, terrorise, intimidate or harass the informant and her family members as well as the witnesses in any manner; and
(iv) They shall not tamper with the prosecution evidence in any manner whatsoever.
5. Violation of any of the conditions shall entail cancellation of bail of the Petitioners.
6. The ABLAPL is disposed of accordingly.
(Chittaranjan Dash) Judge S.K. Parida Signature Not Verified Digitally Signed Signed by: SAMIR KUMAR PARIDA Reason: Authentication Location: ORISSA HIGH COURT Date: 07-Jul-2023 21:23:06 Page 2 of 2