Dr. Himansu Bhusan Palai @ Palei v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.8324 of 2022 Dr.Himansu Bhusan Palai @ Palei ....

Petitioner Mr.Suresh Kumar Jena,Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

22.08.2022 02.

1.

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

2.

Heard learned counsel for the Petitioner and the learned Additional Standing Counsel. Perused the records. 3.

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

4.

It is submitted by the learned counsel for the Petitioner that the allegations leveled against the present Petitioner are s false and fabricated. He also submits that the Petitioner is the husband of the informant and married in the year 2016 and after the marriage there was a disturbance between the parties. It is also submitted by the learned counsel for the Petitioner that the allegations leveled against the Petitioner is omnibus in nature The witnesses examined so far during investigation have not whispered

// 2 // anything against the present Petitioner regarding his involvement in the crime.

5.

Considering the age of the Petitioner, 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. However, it is directed that in the event the Petitioner surrenders before the learned S.D.J.M., Balsore in C.T.Case No.631 of 2022 arising out of Sahadevkhunta P.S.Case No. 219 of 2022 within a period of three weeks from today and moves for bail, he shall be released on bail on such terms and conditions as would be deemed just and proper by the learned Magistrate and with further conditions that the Petitioner shall cooperate with the investigation and shall appear before the I.O.

as and when required for the purpose of investigation till conclusion of investigation and after conclusion of investigation shall appear before the trial court on each and every date fixed. Violation of condition shall entail cancellation of bail. It is also directed that the Petitioner shall also look after the well being of the informant and shall provide maintenance to the informant so long as the matrimonial dispute subsists.

6.

Accordingly, the ABLAPL is disposed of.

7.

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