Bharati Pradhan v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.7976 of 2022 Bharati Pradhan & another ....

Petitioners Mr. Ashok Kumar Sahoo, Advocate -versusState of Odisha ....

Opposite Party Mr. M.K. Mohanty, A.S.C.

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

25.07.2022 Order No.

01.

1.

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2.

Heard learned counsel for the Petitioners and learned Addl. Standing Counsel for the State.

3.

This is an application under Section 438, Cr.P.C. filed by the Petitioners for anticipatory bail, involving offences punishable under Sections 323/294/506/363/366-A/376(2)(n) of the I.P.C. and Section 6 of the POCSO Act.

4.

It is submitted by learned counsel for the Petitioners that the principal accused namely Asima Ranjan Pradhan has already been arrested and is in custody. So far as the present Petitioners are concerned, Petitioner No.1 is the mother and Petitioner No.2 is the elder brother of the principal accused.

5.

It is further submitted by learned counsel for the Petitioners that the present Petitioners had no role in the alleged crime.

// 2 // 6.

Considering the nature of allegation, gravity of the offence and the facts of the case, though I am not inclined to grant anticipatory bail to the Petitioners, however it is observed that, in the event the Petitioners surrender before the learned Addl. District & Sessions Judge, Kendrapara in G.R. Case No.1123 of 2019 corresponding to Tantiapal Marine P.S. Case No.32 of 2019 within a period of three weeks from today, the Petitioners shall be released on bail on such terms and conditions as the learned Sessions Judge may deem just and proper in the facts and circumstances of the case. 7.

The ABLAPL is disposed of accordingly.

8.

Urgent certified copy of this order be granted as per rules. (A.K. Mohapatra) Judge S.K.Parida