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Orissa High CourtABLAPL/6166/2022disposed off

Jayanti Malik v. State Of Odisha

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

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.6166 of 2022 Jayanti Malik & others ....

Petitioners Mr. B.S.Dasparida,Advocate -versusState of Odisha ....

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

Mr.S.P.Dash, Advocate for the informant

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 the injuries sustained are simple in nature. Further, it is submitted by the learned counsel for the Petitioners that the Petitioners do not have any criminal antecedents.

5.

Learned counsel appearing for the informant vehemently opposes the bail application and submits that the informant has

// 2 // sustained severe injuries.

6.

Learned Additional Standing Counsel referring to the case diary submits that as per the medical examination report, the injuries are simple in nature.

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., Soro in C.T.Case No.546 of 2022 arising out of Soro P.S.Case No.247 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 with further conditions that the Petitioners while on bail shall cooperate with the investigation and appear before the I.O. as and when required. They shall also appear before the trial court on each and every date fixed. The Petitioners while on bail shall not threaten, influence, terrorise or harass the informant and his family members in any manner whatsoever. Violation of conditions shall entail cancellation of bail. 6.

Accordingly, the ABLAPL is disposed of.

7.

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