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Sachindra Pradhan & Others vs State Of Odisha

Orissa High Court · Decided on 21 June 2023 · Citation: (2023) 06 OHC CK 0086

HON’BLE JUDGES
Chittaranjan Dash, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 317, 438 · Indian Penal Code, 1860 — Section 34, 294, 307, 323, 354, 379, 506
RESULT
Disposed Of
CASE NUMBER
Anticipatory Bail Application No. 5252 Of 2023
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Judgment

14 paragraphs · 470 words

Chittaranjan Dash, J

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.294/323/307/354/379/506/34 of IPC.

3.

Perusal of the FIR reveals that on 13.05.2023 at about 8.00 P.M, while the Informant along with her other relatives were engaged for covering fence of their land, at that time, her neighbours came to the spot and opposed them and abused obscene languages to them. It is further alleged that the Petitioners also assaulted the brother-in-law of the Informant by means of an iron rod, for which he sustained injury on his body and they also assaulted the other family members of the Informant and they also sustained injuries. The Petitioners also threatened them to do away with their lives.

4.

As submitted by learned counsel for the Petitioners, the injuries alleged to the injured are simple in nature.

5.

Considering the submission of the learned counsel for the Petitioners, nature of allegations, 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 Petitioners surrender and move for bail in connection with Bampada Industrial Area P.S Case No. 93 of 2023 corresponding to C.T Case No. 296 of 2023 pending in the court of learned J.M.F.C.(City) Balasore within a period of three weeks hence and move for bail, they be admitted to bail on such terms and conditions as would be deemed just and proper by the said court, but subject to verification of the injury report and criminal antecedent of the Petitioners.

6.

If the injuries are found to be grievous in nature and there appears criminal antecedent standing to the credit of the Petitioners, besides the case, if any, between the same parties this order shall not be given effect to. However, if the learned court allows the Petitioners to go on bail, then the following further conditions shall be imposed:-

(i)The Petitioners shall appear before the I.O. once in a week on such date and time to be fixed by the I.O. concerned till submission of Final Form as and when required and shall cooperate with the investigation;

(ii) they shall also appear before the trial court on each date of trial unless specifically exempted or consider the prayer U/s. 317 Cr.P.C;

(iii) they shall not threaten, intimidate or terrorize the Informant;

(iv) they shall not tamper with the prosecution evidence in any manner whatsoever;

(v) they shall not indulge in any other crime of similar nature to the present case, in any manner whatsoever, while on bail.

Violation of any of the conditions shall entail cancellation of bail. The ABLAPL is disposed of accordingly.

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