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Orissa High CourtABLAPL/7080/2022disposed off

Chandini Giri v. State Of Odisha

2022-08-25Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.7080 of 2022 Chandini Giri ....

Petitioner Mr. P.K. Jena, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

25.08.2022 02.

1.

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

2.

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

3.

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

4.

The petitioner is seeking pre-arrest bail in connection with C.T. Case No.398 of 2022, arising out of Singla P.S. Case No.128 of 2022 pending in the court of learned J.M.F.C., Basta for commission of offence punishable under Sections 363/365/294/506/34, I.P.C. 5.

It is submitted by learned counsel for the petitioner that the coaccused persons have already been released on bail by this Court in ABLAPL No.7191 of 2022, who are on similar footing with the present petitioner. It is further submitted that the petitioner has no role to play in the alleged crime.

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

// 2 // surrenders and moves for bail before the learned court in seisin over the matter within a period of three weeks from today in the aforesaid case, he shall be released on bail on such terms and conditions as would be deemed just and proper with further conditions that :- I.

he shall cooperate with the Investigating Officer as and when required for the purpose of investigation;

II.

he shall not default in attendance of the court during trial on each date of posting; and Violation of any of the terms and conditions shall entail cancellation of bail.

7.

Accordingly, the ABLAPL is disposed of.

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

( A.K. Mohapatra) Judge Jagabandhu