Sadhana Smrutisudha @ Sadhana Batu v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.6526 of 2022 Sadhana Smrutisudha @ Sadhana Batu & others ....

Petitioners Mr.B.K.Ragada, Advocate -versusState of Odisha ....

Opp.Party Mr.P.C.Das, A.S.C.

Mr.A.P.Ray, Advocate for informant

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

26.07.2022 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.

Learned counsel for the Petitioners submits that the Petitioners as well as the informant belong to one family. Further it is submitted that the injuries sustained by the injured are simple in nature. The dispute between the two rival groups arose with regard to civil dispute.

5.

Learned counsel for the informant submits that there is a status quo order passed by a competent court and the Petitioners are not abiding the said order and threatened the informant and his family members. Learned counsel for the informant expressed his

// 2 // apprehension that in the event this Court releases the Petitioners on anticipatory bail, then they will be emboldened and tried to assault the informant and his family members.

6.

Considering the nature of allegations made, gravity of the 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, Bhubaneswar in C.T.Case No.3203 of 2022 arising out of Lingaraj P.S.Case No.128 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 shall abide by the order passed by the competent court and shall not cause any disturbance in the law and order problem over the disputed land and they shall not threaten, influence or terrorise the informant and his family members. Violation of any of the conditions shall entail cancellation of bail.

7.

The ABLAPL is accordingly disposed of.

8.

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