Daku Kshetrabasi Mahanta v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.8955 of 2022 Daku Kshetrabasi Mahanta & others ....

Petitioners Mr. Arijeet Mishra, Advocate -versusState of Odisha ....

Opp.Party Mr.P.K.Rout, A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

02.08.2022 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 leveled against the present Petitioners are false and fabricated and the Petitioners are no way connected so far as the alleged offences are concerned. It is further submitted by the learned counsel for the Petitioners that the Petitioners and the informant are co-villagers and the allegations leveled against them are omnibus in nature. The witnesses examined during investigation have not whispered anything against the present Petitioners regarding their involvement.

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 S.D.J.M., Keonjhar in G.R.Case No.2154 of 2021 arising out of Keonjhar Sadar P.S.Case No.544 of 2021 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 condition that they shall not threaten, influence or terrorise the informant and his family members in any manner whatsoever. Violation of condition shall entail cancellation of bail.

6.

The ABLAPL is accordingly disposed of.

7.

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