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Trilochan Behera & Others vs State Of Odisha

Orissa High Court · Decided on 21 June 2023 · Citation: (2023) 06 OHC CK 0087

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, 341, 506
RESULT
Disposed Of
CASE NUMBER
Anticipatory Bail Application No. 5245 Of 2023
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Judgment

15 paragraphs · 486 words

Chittaranjan Dash, J

1.

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.341/294/323/354/506/307/34 of IPC.

3.

Perusal of the FIR reveals that there was compromise on 26.04.2023 between the Petitioners and the Informants to cultivate the agriculture land in three equal shares. On dated 11.05.2023 while the Informant was cultivating her agriculture land, the Petitioners abused the Informant in obscene languages being armed with deadly weapons and they gave 2-3 neck push and driven out them there from and threatened to do away with her live and while the Informant was coming to her house, the Petitioner No.1 namely Trilochan Behera in order to kill her pressed her neck for which she became unconscious and her son-in-law rescued her.

4.

It is submitted by the learned counsel for the Petitioners that due to civil dispute the FIR has been lodged against the present Petitioners and the Petitioners are no way connected with the alleged crime and falsely implicated in this case.

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 Derbasih Sadar P.S Case No. 163 of 2023 corresponding to G.R Case No.

316 of 2023 pending in the court of learned J.M.F.C.(C.T) 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.

6.

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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