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2025 DAILYLAW 65962 (ORI)

BIRABAR SUNDARAY @ BIRUPA SUNDARAY v. STATE OF ODISHA

ABLAPL/14867/2024 · 2025-01-09

Chittaranjan Dash

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Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.14867 of 2024 Birabar Sundaray @ Birupa Sundaray and others …. Petitioners Mr. A.S. Jena, Advocate -versus- State of Odisha …. Opp. Party Mr. Jateswar Nayak, AGA CORAM: JUSTICE CHITTARANJAN DASH Order No. ORDER 09.01.2025 01. 1. Heard the learned counsel for the Petitioners and the State. 2. By means of this application, the Petitioners seek grant of bail U/s.438 Cr.P.C. in apprehension of arrest for their alleged involvement in the offences U/s.341/323/324/354/354-B/379/294/ 506/34 of IPC in connection with Gadisagada (Jodapadar) P.S. Case No.31 of 2023 corresponding to G.R. Case No.63 of 2023 pending in the court of the learned J.M.F.C., Kanas. 3. This is the second successive prayer for bail moved on behalf of the Petitioners. 4. It is submitted by the learned counsel for the Petitioners that this Court vide order dated 23.03.2023 in ABLAPL No.2587 of 2023 granted liberty to the Petitioners subject to verification of antecedent and the injuries if not found to be grievous and that on verification of antecedent, some of the Petitioners were found to be involved in one or two criminal cases as mentioned in Annexure-3. According to learned counsel, those antecedents being not very vital and in presence of a counter case from the side of the Petitioners the antecedents may be ignored and the Petitioners may be granted liberty. 5. Learned counsel for the State, on the other hand, submits that the injury report as submitted by the Petitioners under Annexure-4 reveals a grievous injury to the vital part of the body. 6. Having regard to the 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 to Gadisagada (Jodapadar) P.S Case No.31 of 2023 within a period of three weeks hence, they shall be admitted to bail on such terms and conditions as would be deemed just and proper by the said court subject to deposit by the Petitioner Nos.3, 4 and 13, namely, Jitak Baliarsingh, Bhikari Baliarsingh and Kabi Bariarsingh @ Kabiraj Baliarsingh a sum of Rs.3,000/- (rupees three thousand) each, Petitioner No.10, namely, Manas Sundaray deposit a sum of Rs.5,000/- (rupees five thousand) and Petitioner Nos.1, 2, 5, 6, 7, 8, 9, 11, 12, 14 and 15 deposit a sum of Rs.1,000/- (rupees one thousand) each in the manner to be directed by the learned court concerned. The ABLAPL is disposed of accordingly. The ABLAPL is disposed of accordingly. (Chittaranjan Dash) Judge KC Bisoi