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Orissa High CourtABLAPL/8999/2022disposed off

Kanaka Gahir v. State Of Odisha

2022-08-03Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.8999 of 2022 Kanaka Gahir ....

Petitioner Mr. J.N. Panda, Advocate -versusState of Odisha ....

Opposite Party Mr. Sitikant Mishra, A.S.C.

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

03.08.2022 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 offence punishable under Sections 147/148/186/294/307/323/332/341/353/506/149, I.P.C. 4.

It is submitted by learned counsel for the Petitioner that the petitioner is a lady and the injuries sustained by the victim are simple in nature.

5.

Considering such submission, 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 J.M.F.C., M.Rampur in C.T. Case No.147 of 2022 corresponding to M.Rampur

// 2 // P.S. Case No.93 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, but subject to verification of Injury Report. If it is found that the injuries sustained by the victim are grievous in nature, then this bail order shall stand automatically revoked.

6.

The ABLAPL is disposed of accordingly.

7.

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