Dr. Swastik Priyadarsan Satpathy v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.1836 of 2022 Dr. Swastik Priyadarsan Satpathy and others ....
Petitioners Mr. B. Tripathy, Advocate -versusState of Odisha ....
Opp. Party Mr. S. Mishra, A.S.C.
Mr. Ramdas Achary, Advocate for the informant
CORAM:
JUSTICE A.K. MOHAPATRA Order No.
ORDER
22.09.2022 03.
1.
This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
2.
Heard learned counsel for the petitioners and learned Additional Standing Counsel for the State.
3.
This is an application under Section 438, Cr.P.C. filed by the petitioners for anticipatory bail.
4.
The petitioners are seeking pre-arrest bail in connection with Bhubaneswar Mahila P.S. Case No.17 of 2022 corresponding to C.T. Case No.883 of 2022 pending in the court of learned S.D.J.M., Bhubaneswar for commission of offence punishable under Sections 498-A/354-A/354-B/506/307/34, I.P.C. read with Section 4 of the D.P. Act.
5.
Learned counsel for the informant objects to the release of the petitioners on bail. He further submits that on consent of both the parties, this Court has sent the matter to the Mediation Center and the
// 2 // mediation has failed and he also submits that the informant is interested to fight for justice.
6.
Considering the submissions made by the respective parties and the materials placed before the Court, it is directed that in the event of arrest of the petitioner nos.2, and 3 by the Arresting Officer in the aforesaid case, petitioner nos.2, and 3 shall be released on bail on such terms and conditions as deemed just and proper by the Arresting Officer.
7.
So far as petitioner no.1-Dr. Swastik Priyadarsan Satpathy is concerned. Considering the nature of allegation, gravity of offence and the fact of the case, I am not inclined to grant anticipatory bail to the petitioner no.1-Dr. Swastik Priyadarsan Satpathy. However, it is directed that in the event the petitioner no.1-Dr. Swastik Priyadarsan Satpathy surrenders and moves an application for bail before the learned court in seisin over the matter within a period of three weeks from today in the aforesaid case, he shall be released on bail on such terms and conditions as would be deemed just and proper with further conditions that:- I.
The petitioner shall cooperate with the Investigating Officer as and when required for the purpose of investigation; and II.
he shall not indulge in similar nature of criminal activities while on bail.
III.
he shall also lookafter well being by the petitioner and shall provide maintenance in sustenance of the informant while on bail.
Violation of any of the terms and conditions shall entail cancellation of bail.
// 3 // 8.
Accordingly, the ABLAPL is disposed of.
Urgent certified copy of this order be granted on proper application.
( A.K. Mohapatra) Judge Jagabandhu