Sudhakar Mallik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.7623 of 2022 Sudhakar Mallik and another ....

Petitioners Mr. D.K. Sahoo, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

21.07.2022 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.594 of 2022, arising out of Mahakalapada P.S. Case No.60 of 2022 pending in the court of learned S.D.J.M., Kendrapara for commission of offence punishable under Sections 302/201/34, I.P.C. 5.

It is submitted by learned counsel for the petitioners that the petitioners have been falsely implicated in the present case. Further, it is submitted by learned counsel for the petitioners that there is no specific allegation against the petitioners and the principal accused persons have already been released on bail. It is also submitted by learned counsel for the petitioners that the victim committed suicide inside closing door.

// 2 // 6.

Considering the nature of allegation, gravity of offence and the fact of the case, I am not inclined to grant anticipatory bail to the petitioners. However, it is directed that in the event the petitioners surrender before the learned court in seisin over the matter within a period of three weeks from today in the aforesaid case, they shall be released on bail on such terms and conditions as would be deemed just and proper with further condition that the petitioners shall not involve in any similar nature of offence while on bail. 7.

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

8.

Accordingly, the ABLAPL is disposed of.

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

Jagabandhu ( A.K. Mohapatra) Judge