Kalyana Sarkar v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.13702 of 2022 Dhirendra Sahoo and others .... Petitioners Mr. P.K. Rath, Advocate -versusState of Odisha ....

Opp. Party Mr. M.K. Mohanty, A.S.C.

CORAM:

JUSTICE CHITTARANJAN DASH Order No.

ORDER

26.10.2022 01.

1. Heard learned counsel for the Petitioner and learned counsel for the State.

2. This is an application under Section 438 Cr.P.C. filed by the Petitioner for anticipatory bail for his alleged involvement in the offences punishable under Sections 498-A/294/323/307/506/34, I.P.C. & Section 4 of the D.P. Act.

3. Materials appearing in the case record reveal that there is already a contested decree of Divorce between the Informant and her husband granted by the Judge, Family Court Balasore on 21.03.2022. The F.I.R is much after such Decree. Further, the incident narrated in the F.I.R relates to dated 23.03.2022. Keeping in view the submission of the parties and having gone through the nature of allegations as emerged from the materials on record, and further the circumstances appearing, the seriousness and gravity of

// 2 // the offences, it is directed that in the event the Petitioners surrender in connection with C.T. Case No.725 of 2022 arising out of Bamapada (Industrial Area) P.S. Case No.140 of 2022 pending in the Court of learned S.D.J.M., Balasore within a period of three weeks' hence and moves for bail, he shall be allowed to go on bail on such terms and conditions as would be deemed just and proper by the said court with further conditions that the Petitioners shall appear in person before the learned court below on each date of posting of the case unless specifically exempted by the court concerned.

4. The ABLAPL is disposed of accordingly.

5. Urgent certified copy of this order be granted as per rules. ( Chittaranjan Dash ) Judge S.K. Parida