Rina Swain v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.8478 of 2022 Rina Swain ....

Petitioner Mr. P.K. Mohapatra, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

28.07.2022 01.

1.

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

2.

Heard learned counsel for the petitioner and learned Additional Standing Counsel for the State.

3.

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

4.

The petitioner is seeking pre-arrest bail in connection with G.R. Case No.985 of 2022, arising out of Angul P.S. Case No.367 of 2022 pending in the court of learned S.D.J.M., Angul for commission of offence punishable under Sections 468/471/420/34, I.P.C.

5.

It is submitted learned counsel for the petitioner that the petitioner is a lady and she has been falsely implicated in the present case.

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 petitioner. However, it is directed that in the event the petitioner

// 2 // surrender before the learned court in seisin over the matter within a period of three weeks from today in the aforesaid case, she shall be released on bail on such terms and conditions as would be deemed just and proper with further conditions that petitioner shall not harass, torture, threaten or terrorize the informant and his/her family members in any manner whatsoever, she shall cooperate with the Investigating Officer as when required for the purpose of investigation and she shall not default in attendance of the court during trial on each date of posting.

Violation of any of the terms and conditions shall entail cancellation of bail.

7.

It is open for the court in seisin over the matter to impose other conditions as may be deemed just and proper. 8.

Accordingly, the ABLAPL is disposed of.

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

( A.K. Mohapatra) Judge Jagabandhu