Subra Dangri v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.4033 of 2022 Subra Dangri & others ....

Petitioners Mr. S.N.Mishra(4),Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

26.08.2022 01.

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 counsel for the Petitioners that one Rajesh Tandi was suspected to be the principal accused in the present crime. So far as the present Petitioner is concerned they are brother and parents of the said Rajesh Tandi. Petitioner Nos.1 & 2 are parents and Petitioner No.3 is brother of Rajesh Tandi. Referring to viscera report, learned Additional Standing Counsel submits that no cause of substance was found which is contrary to the materials in the F.I.R. that the victim was administered poison. He further submits

// 2 // that the injuries sustained is simple in nature. 5.

Considering the nature of allegations made, gravity of the offence and the facts of the case, I am not inclined to grant anticipatory bail to the Petitioners. However, it is directed that in the event the Petitioners surrender before the learned S.D.J.M., Dharamgarh in C.T.Case No.188 of 2022 arising out of Dharamgarh P.S.Case No.79 of 2022 within a period of three weeks from today and moves for bail, they shall be released on bail on such terms and conditions as would be deemed just and proper by the learned Magistrate with the further conditions that the Petitioner while on bail shall not threaten, influence, terrorise or harass the informant and her family members in any manner whatsoever. The Petitioner shall cooperate with the investigation and appear before the I.O. as and when required and appear before the trial court on each and every date fixed. Violation of condition shall entail cancellation of bail.

6.

Accordingly, the ABLAPL is disposed of.

7.

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