Santosh Kumar @ Santosh Raut v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.3591 of 2022 Santosh Kumar @ Santosh Raut & others ....

Petitioners Mr.Mruganka Mauli Patnaik,Advocate -versusState of Odisha ....

Opp. Party Mr.S.Mishra, A.S.C.

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 Petitioners and the learned Additional Standing Counsel. Perused the records. 3.

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

4.

It is submitted by the learned Additional Standing Counsel that so far as Petitioner Nos.2 & 3 are concerned, the mandatory provisions under section 41-A of the Cr.P.C. has been complied with. Therefore, there is no apprehension of arrest of the Petitioner Nos.2 & 3.

5.

So far as Petitioner No.1 is concerned, he is the husband of the informant. It is submitted by the learned counsel for the Petitioners

// 2 // that there is absolutely no allegation against Petitioner No.1. 6.

Considering the age of the Petitioner, the nature of allegations made, gravity of the offence and the fact of the case, I am not inclined to grant anticipatory bail to the Petitioner No.1. However, it is directed that in the event the Petitioner No.1 surrenders before the learned S.D.J.M., Khurda in G.R.Case No.446 of 2022 arising out of Baghmari P.S.Case No. 30 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 verification of injury report. 7.

Accordingly, the ABLAPL is disposed of.

8.

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