Manoranjan Parida v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 5838 of 2022 Manoranjan Parida & another ....

Petitioners Mr. A.K. Jena, Advocate -versusState of Odisha ....

Opposite Party Mr. P.K. Pattnaik, AGA

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

17.06.2022 1.

1.

This matter is taken up through hybrid arrangement (virtual/physical mode).

2.

Heard learned counsel for both the parties and perused the records.

3.

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

4.

Learned counsel for the Petitioners submitted that Informant is the mother-in-law of Petitioner No.2 and Petitioner No.1 is a stranger thereby alleging that Petitioner No.2 has stolen money and ornaments from the Informant's house and fled away from the house. It is further submitted that both Petitioner Nos.1 and 2 are in love relationship, which has been opposed by the Informant, therefore, this false FIR has been lodged against the Petitioners. 5.

Learned counsel for the State vehemently opposes the bail application of the Petitioners on the ground that serious offences have been made against the Petitioners and urges to reject their bail

// 2 // application.

6.

Considering the nature and gravity of offences alleged against the Petitioners, I am not inclined to release the Petitioners on bail. However, this Court directs that in the event the Petitioners surrender before the J.M.F.C.(O), Bhubaneswar in G.R. Case No.406 of 2022, arising out of Balianta P.S. Case No.143 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. 7.

It is further directed that in the event of release of the Petitioners, they shall not indulge in any offences, tamper with the evidence or threat to the prosecution witnesses and cooperate with the investigation.

8.

Violation of the order of this Court shall entail cancellation of bail and the learned Magistrate shall issue NBW of arrest against the accused Petitioners.

9.

The ABLAPL is accordingly disposed of.

10.

Issue urgent certified copy as per rules.

(A.K. Mohapatra) Vacation Judge U.K.Sahoo