Prakash Mallick v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.6856 of 2022 Prakash Mallick and another ....

Petitioners Mr. S.K.Baral, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

18.07.2022 01.

1.

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

2.

Heard learned counsel for the petitioners and learned Additional Standing Counsel for the State.

3.

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

4.

The petitioners seeking pre-arrest bail in connection G.R. Case No.760 of 2022, arising out of Naugaon P.S. Case No.115 of 2022 pending in the court of learned S.D.J.M., Jagatsinghpur for commission of offence punishable under Sections 341/294/323/354/506/34, I.P.C. 5.

It is submitted by learned counsel for the petitioners that the petitioners have been falsely implicated in the present case. It is further submitted that when the informant throw his garbage near the house of the informant, the mother of the petitioners opposed the same. Thereafter the informant abused in filthy languages and threatened to kill them.

// 2 // 6.

Considering the nature of allegation, gravity of offence and the fact of the case, I am not inclined to grant anticipatory bail to the petitioner. However, it is directed that in the event the petitioner surrender before the learned S.D.J.M., Jagatisinghpur in the aforesaid case 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.

Accordingly, the ABLAPL is disposed of.

Urgent certified copy of this order be granted on proper application.

Jagabandhu ( A.K. Mohapatra) Judge