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Judgment
Chittaranjan Dash, J
Heard learned counsel for the Petitioners and the State.
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.147/148/294/506/323/307/354/379/149 of IPC.
Perusal of the FIR reveals that due to previous political issue, on 25.04.2023, the present Petitioners abused the Informant in obscene languages and assaulted him by means of deadly weapons and pressed his neck as a result, he sustained injury. Hearing hulla, when his mother reached at the spot and while she tried to rescue the Informant, the Petitioners snatched away her gold necklace and threatened to away with their lives.
Pursuant to a political rivalry between the parties there is a case and counter-case between the parties.
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 Mahakalapada P.S Case No. 126 of 2023 corresponding to G.R Case No. 1446 of 2023 pending in the court of learned S.D.J.M., Kendrapara 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.
If the injuries are found to be grievous in nature and there appears criminal antecedent standing to the credit of the Petitioners, 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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