Girish Kumar Sarkar v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.4795 of 2022 Girish Kumar Sarkar and another ....

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

Opp.Party Mr.P.C.Das, A.S.C.

Mr.P.K.Biswal, Advocate for informant

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

26.07.2022 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.

Learned counsel for the Petitioners submits that the main allegation against the husband of the victim who has been arrested and in custody. Further, so far as the Petitioners are concerned they are cousin brother of the principal accused. He further submits that there is no allegation whatsoever against the Petitioners in the F.I.R. None of the witnesses have also implicated the present Petitioners in the alleged crime.

5.

Considering the nature of allegations made, gravity of the offence and the fact of the case, I am not inclined to grant

// 2 // 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. Violation of any conditions shall entail cancellation of bail.

6.

The ABLAPL is accordingly disposed of.

7.

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