Dhaneswar Lenka v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.8024 of 2022 Dhaneswar Lenka & others ....

Petitioners Mr.Gourisankar Pani, Advocate -versusState of Odisha ....

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

Mr.Gopinath Mishra, Advocate for informant

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

25.07.2022 02.

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.

It is submitted by the learned counsel for the Petitioners that the informant and her family members have forcibly occupied Gochar land in village. The informant and her family members have implicated the Petitioner in false case.

5.

Learned counsel for the informant opposes the prayer for bail of the Petitioners.

6.

Considering the nature of allegations made, gravity of the offence and the fact of the case, I am not inclined to grant

// 2 // anticipatory bail to the Petitioners. However, it is directed that in the event the Petitioners surrender before the learned J.M.F.C., Kanas in G.R.Case No.457 of 2022 arising out of Jodapadar (Godisagoda) P.S.Case No.181 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 with further condition that the Petitioners shall not indulge themselves in any similar activities while on bail, shall not threaten, influence or terrorise the informant and other witnesses, shall not enter into the house of the informant and cause any disturbance in the places of living of his family and shall cooperate with the investigation.

7.

The ABLAPL is accordingly disposed of.

8.

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