Bikash Chandra Bhanja v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.7521 of 2022 Bikash Chandra Bhanja ....

Petitioner Mr.J.K.Mishra(2), 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 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 C.T. Case No.368 of 2018, arising out of Baliapal P.S. Case No.31 of 2018 pending in the court of learned J.M.F.C., Basta for commission of offence punishable under Sections 366/376/506/34 of I.P.C. 5.

It is submitted by learned counsel for the petitioner that the informant victim married to one Karunakar Pradhan. After their marriage Karunakar Pradhan took the victim to Delhi and while going to Delhi the brother-in-law of the accused Karunakar and the present petitioner help them in travelling to Delhi. It is further submitted by

// 2 // learned counsel for the petitioner that one Karunakar Pradhan is the principal accused in this case. So far as the present petitioner is concerned there is no other allegation except that the petitioner had assaulted the principal accused and taking the victim to Delhi. 6.

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. Therefore, the investigating officer is directed to release the petitioner in event of this direction. However, it is observed that, in the event the petitioner surrenders before the learned court in seisin over the matter 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.

7.

Further, it is directed that if the allegations are not obliged or there are other materials coming forthwith the petitioner, the case before this court the learned trial court shall treat this order as revoked and proceeding the matter of the petitioner.

8.

Accordingly, the ABLAPL is disposed of.

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

( A.K. Mohapatra) Judge subhasmita