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Orissa High CourtABLAPL/7518/2022disposed off

Sanatan Patra v. State Of Odisha

2022-07-20Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.7518 of 2022 Sanatan Patra ....

Petitioner Mr.P.Panigrahi, Advocate -versusState of Odisha and another ....

Opp. Parties 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 petitioner and learned Additional Standing Counsel for the State. Perused the FIR and materials placed on record.

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 G.R. Case No.450 of 2022, arising out of Kamakhya Nagar P.S. Case No.238 of 2022 pending in the court of learned S.D.J.M., Kamakhya Nagar for commission of offence punishable under Sections 498(A)/294/323/307/506 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 court in seisin over the matter within a

// 2 // 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.

7.

Further, learned court below shall imposed one condition i.e. while on bail the petitioner shall not threaten, terrorize and cause any harm to the informant and his family members. In the event, whether it is found that the petitioner is indulging in such activities then this order stands revoked.

8.

It is open for the court in seisin over the matter to impose the condition as may 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 subhasmita