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Orissa High CourtABLAPL/8553/2022disposed off

Debasis Barik v. State Of Odisha

2022-07-29Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.8553 of 2022 Debasis Barik ....

Petitioner Mr. Partha Sarathi Nayak, Advocate -versusState of Odisha ....

Opposite Party Mr. Shashank Patra, A.S.C.

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

29.07.2022 Order No.

01.

1.

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

2.

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

3.

This is an application under Section 438, Cr.P.C. filed by the Petitioner for anticipatory bail, involving offences under Sections 498-A/323/313/506/294/34, I.P.C. and Section 4 of the D.P. Act. 4.

Considering the nature of allegation, gravity of the offence and facts of the case, although I am not inclined to grant anticipatory bail to the Petitioner, however it is observed that, in the event the Petitioner surrenders before the learned S.D.J.M. (S), Cuttack in G.R. Case No.897 of 2022 corresponding to Cuttack Mahila P.S. Case No.84 of 2022 within a period of three weeks from today, the Petitioner shall be released on bail on such terms and conditions as the learned Magistrate may deem just and proper in the facts and circumstances of the case. While imposing conditions, learned

// 2 // Magistrate shall also impose the conditions to the effect that, while on bail, the Petitioner shall not threaten, terrorise or harass the informant and her family members in any manner whatsoever. Violation of any of the conditions shall entail cancellation of bail of the Petitioner.

5.

The ABLAPL is disposed of accordingly.

6.

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