Saktiman Bariha v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.7487 2022 Saktiman Bariha ....

Petitioner Mr. Julu Khansama, Advocate -versusState of Odisha & another ....

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

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

08.08.2022 02.

1.

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

2.

Heard learned counsel for the Petitioner and the learned Additional Standing Counsel. Perused the records. 3.

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

4.

It is submitted by the learned counsel for the Petitioner has no role in the alleged crime but due to business rivalry the informant lodged the false case against the Petitioner. The Petitioner and the victim girl love to each other since last two years. 5.

Considering the nature of allegations made, gravity of the 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 before the learned Additional District Judge-cum-Special Judge (POCSO), Angul in Spl.(P) No.61 of 2022 arising out of Kiakata P.S.Case No.45 of 2022 within a period of

// 2 // three weeks from today and moves for bail, he shall be released on bail on such terms and conditions as would be deemed just and proper by the learned Magistrate with further condition that he will cooperate with the investigation and shall appear before the I.O. as and when required for the purpose of investigation, shall not threaten, influence, terrorise and harass the informant and her family members in any manner whatsoever, he shall not indulge in similar nature of offence. Violation of conditions shall entail cancellation of bail. 6.

The ABLAPL is accordingly disposed of.

7.

Issue urgent certified copy of the order as per Rules. ( A.K. Mohapatra) Judge RKS