IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.1337 of 2024
Gunanidhi Sahoo & anr. Petitioners
….
Mr. S.K. Baral, Advocate
-versus-
….
State of Odisha Opposite Party
Mr. A.P.Das, A.S.C.
CORAM:
JUSTICE A.K.MOHAPATRA
ORDER
29.02.2024
Order No.
01. 1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. Heard learned counsel for the Petitioners, learned Addl.
Standing Counsel for the State. Perused the records.
3. This is an application under Section 438, Cr.P.C. filed by the
Petitioners for anticipatory bail, involving offence punishable under
Sections 147/148/323/325/307/353/332/333/354/294/506/149 of the
Indian Penal Code read with Section 3 of P.D.P.P. Act, 1984.
4. It is submitted that learned counsel for the petitioners that
the allegations made against the petitioners the injuries are simple in
nature. He further submitted that they have been falsely implicated in
the present case.
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5. Considering the seriousness of the allegation, gravity of the
offence and the facts of the case, although I am not inclined to grant
anticipatory bail to the Petitioners, however it is observed that, in the
event the Petitioners surrender and move for bail before the learned
S.D.J.M., Athagarh in C.T. Case No.404 of 2023 arising out of
Khutuni P.S. Case No.146 of 2023 within a period of four weeks
from today, they shall be released on bail on such terms and
conditions as the learned Magistrate may deem just and proper in the
facts and circumstances of the case.
6. Further, the Petitioners shall be released on bail on such terms
and conditions as would be deemed just and proper with further
conditions that :-
I. they shall not harass, threaten and terrorize the informant or
family members;
II. they shall cooperate with the investigation and shall
appear before the Police Station as on when required by I.O.
for the purpose of investigation.
III. they shall not indulge in similar nature of offence while
on bail.
Violation of any of the terms and conditions shall entail
cancellation of bail.
7. It is further directed that the bail granted to the Petitioners are
subject to depositing a cash security of Rs.1,000/- (Rupees one
thousand) each before the learned Court in seisin over the matter,
which shall be kept in any Nationalized bank in interest bearing
account initially for a period of one year which will be renewable
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from time to time till conclusion of trial and the same shall be abide
by the final outcome of the trial of the case.
8. The ABLAPL is disposed of accordingly.
9. Urgent certified copy of this order be granted as per rules.
(A.K. Mohapatra)
Judge
Anil
Signature Not Verified
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Digitally Signed
Signed by: ANIL KUMAR SAHOO
Designation: Junior Stenographer
Reason: Authentication
Location: High Court of Orissa
Date: 04-Mar-2024 12:59:18