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Orissa High CourtABLAPL/8690/2022disposed off

Bhanumati Bairiganjan @ Kunimani Bairiganjan v. State Of Odisha

2022-08-01Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.8690 of 2022 Bhanumati Bairiganjan @ Kunimani Bairiganjan and others ....

Petitioners Mr. B.P.Chhualsingh, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

01.08.2022 01.

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 allegations against the Petitioners are all false, baseless and the Petitioner is no way connected with the alleged offence as alleged by the prosecution in any manner whatsoever. It is also submitted by the learned counsel for the Petitioners that the informant and the Petitioners are of one village and due to previous civil dispute between them this false case has been foisted to put them behind the bar.

5.

Considering the nature of allegations made, gravity of the

// 2 // offence and the fact 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 J.M.F.C., Pipili in G.R.Case No.480 of 2022 arising out of Delang P.S.Case No.176 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 and subject to verification of injury.

6.

The ABLAPL is accordingly disposed of.

7.

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