Abhiram Sethi v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.5363 of 2022 Abhiram Sethi and another ....

Petitioners Mr. B. Mohapatra, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

16.08.2022 02.

1.

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

2.

Heard learned counsel for the petitioner and learned Additional Standing Counsel for the State.

3.

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

4.

The petitioners are seeking pre-arrest bail in connection with G.R. Case No.299 of 2022, arising out of Dhamnagar P.S. Case No.172 of 2022 pending in the court of learned J.M.F.C., Dhamnagar for commission of offence punishable under Sections 341/294/325/ 506/34, I.P.C.

5.

It is submitted by learned counsel for the petitioners that the informant and petitioner are belong to one family. It is further submitted that there is a dispute with regard to property among the two family members as a result of which there was a tussle between the two families. It is also submitted by learned counsel for the petitioners that they do not have any criminal antecedents.

// 2 // 6.

Considering the nature of allegation, gravity of 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 and move an application for bail before the learned court in seisin over the matter within a period of three weeks from today in the aforesaid case, they shall be released on bail on such terms and conditions as would be deemed just and proper with further condition that the petitioners shall not harass, torture, threaten or terrorize the informant and his/her family members in any manner whatsoever while on bail;

Violation of any of the terms and conditions shall entail cancellation of bail.

7.

Accordingly, the ABLAPL is disposed of.

Urgent certified copy of this order be granted on proper application.

( A.K. Mohapatra) Judge Jagabandhu