Bhabani Sankar Mohanty v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.5559 of 2022 Bhabani Sankar Mohanty ....

Petitioner Mr. P.K. Jena, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

25.08.2022 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 C.T. Case No.366 of 2022 arising out of Town P.S. Case No.90 of 2022 pending in the court of learned S.D.J.M., Balasore for commission of offence punishable under Sections 498-A/323/427/506, I.P.C. 5.

Considering the nature of allegation, gravity of offence and the fact of the case, I am not inclined to grant anticipatory bail to the petitioner. However, it is directed that in the event the petitioner surrender before the learned court in seisin over the matter within a period of three weeks from today in the aforesaid case, he shall be released on bail on such terms and conditions as would be deemed just and proper with further conditions that petitioner shall not harass,

// 2 // torture, threaten or terrorize the informant and his/her family members in any manner whatsoever while on bail and he shall also lookafter well being by the petitioner and shall provide maintenance in sustenance of the informant-wife while on bail.

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

6.

Accordingly, the ABLAPL is disposed of.

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

( A.K. Mohapatra) Judge Jagabandhu