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Orissa High CourtABLAPL/4794/2022disposed off

Braja Bandhu Samal v. State Of Odisha

2022-08-12Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.4794 of 2022 Braja Bandhu Samal & another ....

Petitioners Mr. S.S.Mohanty,Advocate -versusState of Odisha ....

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

Mr.P.K.Biswal, Advocate for informant

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

12.08.2022 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 Petitioners that two accused persons who are sister-in-law have been released on bail by this Court. So far as the present Petitioners are concerned, they are father-in-law and mother-in-law. It is contended by the learned counsel for the Petitioners that the allegations are omnibus in nature with regard to torture and dowry. It is also contended by the learned counsel for the Petitioners that in the meantime charge sheet has been filed after completion of investigation and offence under section 302

// 2 // of the Indian Penal Code has been deleted.

5.

Considering 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 Petitioners. However, it is directed that in the event the Petitioners surrender before the learned S.D.J.M., Kendrapara in G.R.Case No.666 of 2022 arising out of Patkura P.S.Case No.151 of 2022 within a period of three weeks from today and move 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 further condition that while on bail the Petitioners shall appear before the learned trial court on each and every date fixed without fail. 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