Labani Prusti v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.7656 of 2022 Labani Prusti & others ....

Petitioners Mr.Jayadeba Behera, Advocate -versusState of Odisha ....

Opp.Party Mr.Shashanka Patra, 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 the learned Additional Standing Counsel. Perused the records. 3.

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

4.

Learned counsel for the Petitioners submits he does not want to press this application so far as Petitioner Nos.2 & 4 are concerned since they have already arrested in the meantime. 5.

It is further submitted by the learned counsel for the Petitioners that the contents of the F.I.R. as well as the statements of the witnesses recorded under section 161 Cr.P.C. no prima facie case is made out against the Petitioners and the present case has been foisted by the informant against the Petitioners due to long standing civil dispute between the parties.

// 2 // 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 Nos.1 & 3. However, it is directed that in the event the Petitioner Nos. 1 & 3 surrender before the learned S.D.J.M., Bolangir in G.R.Case No.884 of 2022 arising out of Bolangir (Sadar) P.S.Case No.249 of 2022 within a period of three weeks from today and move for bail, they shall be released on bail on such terms and conditions as would be deemed just and proper by the learned Magistrate.

6.

The ABLAPL is accordingly disposed of.

7.

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