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Orissa High CourtABLAPL/5685/2022disposed off

Bhagirathi Parida v. State Of Odisha

2022-06-13Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.5685 of 2022 Bhagirathi Parida and others ....

Petitioners Mr. P.K. Barik, Advocate -versusState of Odisha ....

Opposite Party Mr. J.P. Patra, A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

13.06.2022 01.

1.

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

2.

Heard learned counsel for the Petitioners 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.

It is submitted by learned counsel for the petitioners that there was a case and counter case between the petitioners. Further, it is submitted by learned counsel for the petitioners that there was a long standing dispute between the parties w.e.f. right and possession over the property. It is also submitted that a quarrel took place between the parties with regard to possession over the property in question. 5.

Learned counsel for the petitioners submits that the present F.I.R. is filed as a counter blast to the F.I.R. resulting in P.S. Case No.65 of 2022. Further, learned counsel for the petitioners submits that as per injury report, no injury sustained by the either sides.

// 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 before the learned S.D.J.M., Bhadrak in G.R. Case No.1133 of 2022, arising out of Pirhat P.S. Case No.66 of 2022 within a period of three weeks from today, they shall be released on bail on such terms and conditions as the learned Magistrate may deem just and proper including the condition that the petitioners undertake to maintain peace and tranquility in the locality.

7.

Accordingly, the ABLAPL is disposed of.

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

( A.K. Mohapatra ) Vacation Judge Jagabandhu