Anwar Khan v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.1930 of 2022 Anwar Khan ....
Petitioner Mr. S.K. Behera, Advocate -versusState of Odisha ....
Opp. Party Mr. S. Patra, A.S.C.
Ms. Mamata Behera, Advocate for the Informant
CORAM:
JUSTICE A.K. MOHAPATRA Order No.
ORDER
11.08.2022 02.
1.
This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
2.
Heard learned counsel for the petitioner and learned Additional Standing Counsel for the State.
3.
This is an application under Section 438, Cr.P.C. filed by the petitioner for anticipatory bail.
4.
The petitioner is seeking pre-arrest bail in connection with G.R. Case No.112 of 2022 arising out of Pipili P.S. Case No.66 of 2022 pending in the court of learned J.M.F.C., Pipili for commission of offence punishable under Sections 498-A/494/323/307, I.P.C. 5.
It is submitted by learned counsel for the petitioner that there is no injury sustained by the injured-informant. However, it is further submitted that the allegation under Section 307, I.P.C. has been falsely made against the petitioner.
6.
Considering the nature of allegation, gravity of offence and the fact of the case, I am not inclined to grant anticipatory bail to the
// 2 // petitioner. However, it is directed that in the event the petitioner 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 petitioner shall not harass, torture, threaten or terrorize the informant and his/her family members in any manner whatsoever while on bail and he shall also lookafter of the informant-wife while on bail. Violation of any of the terms and conditions shall entail cancellation of bail.
7.
Accordingly, the ABLAPL is disposed of.
Urgent certified copy of this order be granted on proper application.
( A.K. Mohapatra) Judge Jagabandhu