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Orissa High CourtABLAPL/3533/2022disposed off

Dhaneswar Swain v. State Of Odisha

2022-08-17Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.3533 of 2022 Dhaneswar Swain ....

Petitioner Mr. Suresh Ku. Jena,Advocate -versusState of Odisha ....

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

Mr.Puspamitra Mohapatra, Advocate for informant

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

17.08.2022 02.

1.

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

2.

Heard learned counsel for the Petitioner and the learned Additional Standing Counsel. Perused the records. 3.

This is an application under Section 438 Cr.P.C. filed by the Petitioner for anticipatory bail.

4.

It is submitted by the learned counsel for the Petitioner that the Petitioner is the husband of the informant. He also submits that the matter has already been settled amicably between the parties and both are residing together peacefully and leading their happy conjugal life since last two months.

5.

Considering the nature of allegations made, gravity of the

// 2 // offence and the fact of the case, I am not inclined to grant anticipatory bail to the Petitioner. However, it is directed that in the event the Petitioner surrenders before the learned J.M.F.C., Jajpur Road in C.T.Case No.366 of 2022 arising out of Panikoili P.S.Case No.64 of 2022 within a period of three weeks from today and moves for bail, he shall be released on bail on such terms and conditions as would be deemed just and proper by the learned Magistrate and subject to the verification of the above statements of the learned counsel for the Petitioner.

6.

Accordingly, the ABLAPL is disposed of.

7.

Issue urgent certified copy of this order as per Rules. ( A.K. Mohapatra) Judge RKS