Debarshi Priyadarshi @ Muna v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.8410 of 2022 Debarshi Priyadarshi @Muna and another ....

Petitioners Mr.Ajaya Kumar Jena,Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

25.08.2022 02.

1.

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

2.

Heard learned counsel for the Petitioners and the learned Additional Government Advocate. 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 suit bearing C.S. No.1700 of 2021 has been filed by the complainant in the court of the learned Senior Civil Judge (LR & LTV), Bhubaneswar for permanent injunction in respect of the disputed properties. In the said suit I.A.No.01 of 2021 was filed seeking temporary injunction. The said I.A.No.01 of 2021 was

// 2 // dismissed. Thereafter the present complaint case has been filed making allegation against the present Petitioners. 5.

From perusal of the F.I.R. as well as materials placed before this Court and considering the nature of allegations made, gravity of the offence and the facts of the case, I am not inclined to grant anticipatory bail to the Petitioners. However, it is directed that in the event the Petitioners surrender before the learned S.D.J.M., Bhubaneswar in C.T.Case No.978 of 2022 arising out of Dhauli P.S.Case No.34 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 conditions that the Petitioners while on bail shall cooperate with the investigation and shall appear before the I.O. as and when required and shall produce all the documents required at the time of hearing. They shall also not threaten, influence, terrorise or harass the informant and her family members in any manner whatsoever and shall appear before the trial court on each and every date fixed. Violation of conditions shall entail cancellation of bail. 6.

Accordingly, the ABLAPL is disposed of.

7.

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