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Orissa High CourtABLAPL/8970/2022disposed off

Asha Swain v. State Of Odisha

2022-09-05Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.8970 of 2022 Asha Swain ....

Petitioner Mr. Pratik Dash, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

05.09.2022 02.

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.854 of 2022, arising out of Mahakalpada P.S. Case No.85 of 2022 pending in the court of learned S.D.J.M., Kendrapara for commission of offence punishable under Sections 498A/506/341/34, I.P.C. 5.

It is submitted by learned counsel for the petitioner that the petitioner is the sister-in-law of the deceased wife. He further submits that the petitioner is staying outside the house for prosecuting her study and she is no way connected with the alleged crime. It is further submitted by learned counsel for the petitioner

// 2 // that the petitioner is aged about 18 years.

6.

Referring the statement of the neighbor of the victim, learned counsel for the State submits that the petitioner was staying outside the house for prosecuting her study. Further it is submitted that no incriminating materials available on record to implicate the petitioner in the alleged crime.

7.

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 surrenders and moves before the learned court in seisin over the matter within a period of three weeks from today in the aforesaid case, the petitioner shall be released on bail on such terms and conditions as would 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