Partly allowed

Duryadhan Barik @ Dhana Barik v. State of Odisha

Orissa HC14 Mar 2024ABLAPL/2029/2024

Case brief

AI extract

What is this about?

The High Court refused anticipatory bail but directed that if the petitioners surrendered within four weeks to the JMFC, they would be released on bail subject to verification of antecedents and conditions against harassing the informant.

What did the court decide?

Anticipatory bail refused; liberty to surrender and seek regular bail within four weeks subject to conditions.

Duryadhan Barik @ Dhana Barik Vs State of Odisha — Anticipatory Bail | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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ABLAPL No.2029 of 2024

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Duryadhan Barik @ Dhana Barik & another

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Petitioners

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Mr. S.G. Das, Advocate

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-versus-

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State of Odisha

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…. Opposite Party

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Mr. D. Nayak, A.G.A.

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CORAM: JUSTICE A.K.MOHAPATRA

ORDER

14.03.2024

Order No.

1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

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Heard learned counsel for the Petitioners, learned Addl. Standing Counsel for the State. Perused the records.

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This is an application under Section 438, Cr.P.C. filed by the Petitioners for anticipatory bail, involving offence punishable under Sections 341/323/294/427/379/506/34 of Indian Penal Code, 1860.

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Considering the seriousness of the allegation, gravity of the offence and the facts of the case, although I am not inclined to grant anticipatory bail to the Petitioners, however it is observed that, in the event the Petitioners surrender and move for bail before the learned J.M.F.C.-III (Cog. Taking Court), Bhubaneswar, Khurda in C.T. Case No.774 of 2023 arising out of Sahidnagar P.S. Case No.309 of dt.17.08.2023 within a period of four weeks from today, they shall be released on bail on such terms and conditions as the learned

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Magistrate may deem just and proper in the facts and circumstances of the case, but subject to verification of criminal antecedent. In the event, the Petitioners are having any similar criminal antecedents, then this order stands automatically revoked.

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Further, the Petitioners are released on bail subject to condition that they shall not harass, threaten and terrorize the informant and her family members while on bail. Violation of such conditions shall entail cancellation of the bail application.

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6. The ABLAPL is disposed of accordingly.

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Urgent certified copy of this order be granted as per rules.

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Anil

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(A.K. Mohapatra)
Judge

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Signature Not Verified

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Digitally Signed Signed by: ANIL KUMAR SAHOO Reason: Authentication Location: High Court of Orissa Date: 18-Mar-2024 11:31:38

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Duryadhan Barik @ Dhana Barik v. State of Odisha

Case brief

What is this about?

What did the court decide?

Duryadhan Barik @ Dhana Barik v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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