Joshnarani Khuntia v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.7226 of 2022 Joshnarani Khuntia ....

Petitioner Mr. B. Pr. Mohanty, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

13.09.2022 03.

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 G.R. Case No.411 of 2022, arising out of Kutra P.S. Case No.84 of 2022 pending in the court of learned J.M.F.C.(R), Rajgangpur for commission of offences punishable under Sections 419/420/465/ 468/472, I.P.C.

5.

It is submitted by learned counsel for the petitioner that the allegations made in the F.I.R. against the petitioner is under suspension. Further, he submits that the petitioner is cooperating with the Investigation and as appeared before the Investigating Officer as and when required. It is also submitted by learned counsel for the petitioner that there is no chance of absconding.

// 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 surrenders and moves an application 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.

The petitioner shall not threaten, harass and terrorize the informant and her /his family members in any manner whatsoever;

II.

he shall cooperate with the Investigating Officer as and when required for the purpose of investigation; and III. he shall not default in attendance of the court during trial on each date of posting.

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