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Orissa High CourtABLAPL/5835/2022disposed off

Gagan Bihari Sethy @ Ghanashyam Sethy v. State Of Odisha

2022-08-30Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.5835 of 2022 Gagan Bihari Sethy @ Ghanashyam Sethy & others ....

Petitioners Mr. Sapan Kumar Lenka,Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

30.08.2022 03.

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.

It is submitted by the learned counsel for the Petitioners that due to previous dispute, the present occurrence took place. Both the sides sustained injuries. Further, it is submitted by the learned counsel for the Petitioners that case and counter case has been institution and the informant has been released on bail in the counter case. He also submits that the injuries sustained are simple in nature.

// 2 // 5.

Considering the nature of allegations made, gravity of the offence and the facts 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 J.M.F.C.(R), Cuttack in G.R.Case No.1227 of 2022 arising out of Kissannagar P.S.Case No.76 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, but subject to verification of injury. 6.

Accordingly, the ABLAPL is disposed of.

7.

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