Devesh Kumar Sharma v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.7385 of 2022 Devesh Kumar Sharma ....

Petitioner Mr.S.K.Das, Advocate -versusState of Odisha ....

Opp. Party Mr. Sitikanta Mishra, 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 petitioner and learned Additional Standing Counsel for the State. Perused the FIR as well as the statement of the petitioner.

3.

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

4.

The petitioner seeking pre-arrest bail in connection C.T. Case No.2925 of 2022, arising out of Bhubaneswar Mahila P.S. Case No.61 of 2022 pending in the court of learned S.D.J.M., Bhubaneswar for commission of offence punishable under Sections 341/342/498A/323/506/34 of I.P.C. 5.

Considering the nature of allegations and gravity of offence and the fact of the case, I am not inclined to grant anticipatory bail to the petitioner. However, it is observed that, in the event the petitioner surrenders before the learned S.D.J.M., Bhubaneswar in C.T. Case

// 2 // No.2925 of 2022 corresponding to Bhubaneswar P.S. Case No. 61 of 2022 within a period of three weeks from today, the petitioner shall be released on bail on such terms and conditions as the learned Magistrate may deem fit and proper. Further, learned Court in seisin over the matter shall also imposed the following two additional conditions: (i) After releasing on anticipatory bail the petitioners shall not threaten, terrorize, indulge the victim and his family members in any manner whatsoever.

(ii) Petitioners shall appear before the police station once in a week preferably on Sunday in between 10.00 AM to 1.00 PM till filing of the charge sheet.

6.

It is open for the court in seisin over the matter to impose other conditions as may be deemed just and proper.

7.

Accordingly, the ABLAPL is disposed of.

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

( A.K. Mohapatra) Judge subhasmita