Ambika Mahakuda v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.954 of 2022 Ambika Mahakuda ....

Petitioner Mr. Deba Kumar Rath, Advocate -versusState of Odisha ....

Opposite Party Mr. M.K. Mohanty, A.S.C.

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

16.08.2022 Order No.

03.

1.

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

2.

Heard learned counsel for the Petitioner and learned Addl. Standing Counsel for the State.

3.

This is an application under Section 438, Cr.P.C. filed by the Petitioner for anticipatory bail, involving offence punishable under Sections 294/341/323/354-A/354-B/307/506/34, I.P.C. 4.

Learned counsel for the Petitioner submits that the coaccused persons namely Gobinda Ch. Barik and Basanti Dei have been released on bail by this Court in the meantime. It is further submitted that the injuries caused to the victim are simple in nature. 5.

Considering the seriousness of the allegation, gravity of the offence and facts of the case, although I am not inclined to grant anticipatory bail to the Petitioner, however it is observed that, in the event the Petitioner surrenders and moves for bail before the learned

// 2 // S.D.J.M., Bhubaneswar in C.T. Case No.6513 of 2021 corresponding to Lingaraj P.S. Case No.314 of 2021 within a period of three weeks from today, he shall be released on bail on such terms and conditions as the learned Magistrate may deem just and proper in the facts and circumstances of the case, but subject to verification of Injury Report. If the injuries are found to be grievous in nature, then this bail order shall stand automatically revoked. 6.

The ABLAPL is disposed of accordingly.

7.

Urgent certified copy of this order be granted as per rules. (A.K. Mohapatra) Judge S.K.Parida