Sanatan Sahu vs State Of Odisha
2023 Latest Caselaw 3408 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK

                                 ABLAPL No. 3310 of 2023

               Sanatan Sahu                             ....           Petitioner
                                                       Mr. M. Khatua, Advocate

                                            -versus-

               State of Odisha                          ....           Opp. Party
                                                             Mr. D.Biswal, ASC

                        CORAM:
                        JUSTICE CHITTARANJAN DASH
                                               ORDER

Order No. 13.04.2023

01. 1. Heard learned counsel for the Petitioner and the State.

2. This is an application for bail U/s.438 Cr.P.C. filed by the Petitioner in apprehension of arrest for his alleged involvement in the offences U/s. 376(1)/323/506/34 of IPC.

3. It is submitted by the learned counsel for the Petitioner that on the self same issue the Petitioner has once been faced trial before the competent court of law and vide judgment dated 21.04.2022 has been acquitted and this is the second successive attempt of the Informant bringing the allegations against the Petitioner.

4. Keeping in view the submission and the nature of allegations as emerged from the materials on record, the circumstances appearing, the seriousness and gravity of the offences, while this // 2 //

Court is not inclined to grant the anticipatory bail, it is directed that in the event the Petitioner surrenders and move for bail in connection with G.R Case No.18/1 of 2023 arising out of Kantabania P.S. Case No. 32 of 2023 pending in the court of learned S.D.J.M., Hindol within a period of three weeks hence he shall be admitted to bail on such terms and conditions as would be deemed just and proper by the said court with further conditions that the Petitioner shall appear in person before the learned court below on each date of posting of the case unless specifically exempted by the court concerned and/or consider the prayer U/s.317 Cr.P.C; shall appear before the I.O. and shall cooperate with the investigation as and when required; shall not threaten, intimidate or terrorize the informant ; shall not tamper with the prosecution evidence in any manner whatsoever, while on bail. Violation of any of the conditions shall entail cancellation of bail. The ABLAPL is disposed of accordingly.

(Chittaranjan Dash) Judge

BKSahoo