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Orissa High CourtABLAPL/6659/2022disposed off

Sarat Kumar Sarangi v. State Of Odisha

2022-10-17Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.6659 of 2022 Sarat Kumar Sarangi & Others ....

Petitioners Mr. Prasanta Kumar Panda, Advocate -versusState of Odisha ....

Opposite Party Mr. Shashanka Patra, A.S.C.

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

17.10.2022 Order No.

02.

1.

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2.

Heard learned counsel for the Petitioners and learned Addl. Standing Counsel for the State.

3.

This is an application under Section 438, Cr.P.C. filed by the Petitioners for anticipatory bail, involving offence punishable under Section 494/294/506/34, I.P.C.

4.

Considering the seriousness of the allegation, gravity of the offence and the facts of the case, although I am not inclined to grant anticipatory bail to the Petitioners, however it is observed that, in the event the Petitioners surrender and move for bail before the learned S.D.J.M., Bhubaneswar in C.T. Case No.2667 of 2022 corresponding to Khandagiri P.S. Case No.221 of 2022 within a period of three weeks from today, he shall be released on bail on such terms and

// 2 // conditions as the learned Magistrate may deem just and proper in the facts and circumstances of the case.

However, while imposing conditions for bail, learned Magistrate shall also impose the following additional conditions - (i) The Petitioners shall cooperate with the investigation and shall appear before the I.O. for the purpose of investigation, as and when required;

(ii) They shall not threaten, terrorise, ill-treat or harass the Informant and her family members as well as the prosecution witnesses in any manner whatsoever, while on baiol. (iii) Petitioner No.3 - Sujit Kumar Sarangi being the husband of the Informant, shall provide monthly maintenance of Rs.2,000/- (Rupees Two Thousand) to the wife-Informant till the matrimonial relationship subsists as per law, and that shall be subject to final amount which shall be awarded by the competent court.

Violation of any of the conditions shall entail cancellation of bail of the Petitioners.

5.

The ABLAPL is disposed of accordingly.

6.

Urgent certified copy of this order be granted as per rules. (A.K. Mohapatra) Judge S.K.Parida