Phulani Jena v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.7891 of 2022 Phulani Jena and others ....

Petitioners Mr. K. Rath, Advocate -versusState of Odisha ....

Opp. Party Mr. S. Mishra, A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

22.07.2022 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.1262 of 2022, arising out of Krushnaprasad P.S. Case No.87 of 2022 pending in the court of learned S.D.J.M., Puri for commission of offence punishable under Sections 457/354/323/506/34, I.P.C. 5.

It is submitted by learned counsel for the petitioners that the present arose between the two families as they are not pulling each other and the F.I.R. has been lodged on either side against each other. It is further submitted by learned counsel for the petitioners that there is case and counter case on the same issue.

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

// 2 // 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.

7.

Accordingly, the ABLAPL is disposed of.

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

Jagabandhu ( A.K. Mohapatra) Judge