Santilata Muduli v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.7506 of 2022 Santilata Muduli and another ....
Petitioners Mr. A. Pattnaik, 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.1590 of 2022 arising out of Bonth P.S. Case No.95 of 2022 pending in the court of learned S.D.J.M., Bhadrak for commission of offence punishable under Section 341/294/323/506/34, I.P.C. 5.
It is submitted by learned counsel appearing for the State that the Police has complied the mandatory requirement of Section 41-A of the Code of Criminal Procedure against the petitioner no.2-Balaram Muduli.
6.
In such view of the matter, the bail application of the petitioner no.1-Balaram Muduli is not maintainable and accordingly,
// 2 // the same is dismissed.
7.
So far as petitioner no.2-Santilata Muduli is concerned. It is submitted by learned counsel for the petitioner no.2-Santilata Muduli that the petitioner no.2-Santilata Muduli has been falsely implicated in the present case.
8.
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 no.2-Santilata Muduli. However, it is directed that in the event the petitioner no.2-Santilata Muduli surrender before the learned court in seisin over the matter within a period of three weeks from today, he shall be released on bail on such terms and conditions as would be deemed just and proper.
9.
Accordingly, the ABLAPL is disposed of.
Urgent certified copy of this order be granted on proper application.
( A.K. Mohapatra) Judge Jagabandhu