Barsha Swain v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.7374 of 2022 Barsha Swain and others ....

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

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

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

20.07.2022 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 with G.R. Case No.520 of 2022, arising out of Balanga P.S. Case No.103 of 2022 pending in the court of learned J.M.F.C., Nimapara for commission of offence punishable under Sections 341/294/323/506/34, I.P.C. 5.

It is submitted by learned counsel for the petitioners that there was a land dispute with regard to demarcation. It is further alleged that while the informant putting the some sail over his land, the presence case arose between the parties and that the petitioners have been falsely implicated in the present case.

6.

Considering the nature of allegation, gravity of offence and the

// 2 // 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 court in seisin over the matter within a period of three weeks from today, they shall be released on bail on such terms and conditions as would be deemed 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