Nigam Kumar Naik And Others vs State Of Odisha .... Opp. Parties on 17 May, 2023

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Orissa High Court

Nigam Kumar Naik And Others vs State Of Odisha .... Opp. Parties on 17 May, 2023

Bench: Chittaranjan Dash

                      IN THE HIGH COURT OF ORISSA AT CUTTACK

                                      ABLAPL No.3950 of 2023

                    Nigam Kumar Naik and Others           ....          Petitioners

                                            Mr. Abhaya Kumar Parida, Advocate

                                              -versus-
                    State of Odisha                       ....         Opp. Parties

                                                         Mr. M. K. Mohanty, ASC


                            CORAM:
                            JUSTICE CHITTARANJAN DASH

                                              ORDER

Order No. 17.05.2023

02. 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.394 of IPC in connection with Junagarh PS Case No.142 of 2023 corresponding to CT Case No.141 of 2023 pending in the court of learned JMFC, Junagarh.

3. It is alleged that the accused persons have assaulted the Informant and took away his gold chain and cash of Rs.6000/-. It is further alleged that the Informant was also assaulted by them before three days.

4. Learned counsel for the Petitioners submits that the injury sustained is simple in nature.

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5. Keeping in view the fact and circumstances, while this court is not inclined to grant the anticipatory bail, it is directed that in the event the Petitioners surrender and move for bail in connection with Junagarh PS Case No.142 of 2023 corresponding to CT Case No.141 of 2023 pending in the court of learned JMFC, Junagarh within a period of three weeks hence and they shall be released on such terms and conditions as would be deemed just and proper by the said court subject to deposit of Rs.1000/- (Rupees One Thousand) each in the manner to be directed by the court to its satisfaction along with the following further conditions:-

(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. The ABLAPL is disposed of accordingly.

Signature Not Verified (Chittaranjan Dash)

Digitally Signed                                                                 Judge
Signed by: ANANTA KUMAR PRADHAN
Designation: SENIOR STENOGRAPHER
Reason: Authentication
Location: HIGH COURT OF ORISSA
                   AKPradhan
Date: 18-May-2023 16:09:21


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