Malati Nayak@ Purnabasi v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.2385 of 2022 Malati Nayak @ Purnabasi & Others ....

Petitioners Mr. Prasanta Kumar Sahoo, Advocate -versusState of Odisha ....

Opposite Party Mr. Sitikant Mishra, A.S.C.

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

12.08.2022 Order No.

02.

1.

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

2.

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

3.

This is an application under Section 438, Cr.P.C. filed by the Petitioners for anticipatory bail, involving offence punishable under Sections 341/294/323/324/307/506/34, I.P.C.

4.

Considering the nature of allegation, gravity of the offence and facts of the case, although I am not inclined to grant anticipatory bail to the Petitioners, however taking into consideration the fact that the Petitioners are ladies, and that one Jyoti Ranjan Nayak is the principal accused in this case, it is observed that, in the event the Petitioners surrender and move for bail before the learned S.D.J.M. Khurda in G.R. Case No.281 of 2022 corresponding to Bolagarh P.S. Case No.37 of 2022 within a period of three weeks from today, the

// 2 // Petitioners 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 the further conditions that the Petitioners shall cooperate in the investigation by appearing before the I.O. as and when required and they shall also appear before the learned trial court on each date of trial, without fail. Violation of any of the conditions shall entail cancellation of bail of the Petitioner.

5.

The ABLAPL is disposed of accordingly.

6.

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