Aruna Samantaray v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.9092 of 2022 Aruna Samantaray & another ....

Petitioners Mr. Amit Kumar Nath , Advocate -versusState of Odisha ....

Opp. Party Mr. S.Patra, A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

03.08.2022 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 informant has foisted this false case against the Petitioners with an ulterior motive. It is also submitted by the learned counsel for the Petitioners that the allegation made in the F.I.R. is shaky in nature and there is no convincing, clinching and unimpeachable legal materials available against the Petitioners to connect them in the alleged crime.

5.

Considering the nature of allegations made, gravity of the offence and the fact of the case, I am not inclined to grant

// 2 // anticipatory bail to the Petitioners. However, it is directed that in the event the Petitioners surrender before the learned J.M.F.C(P), Kujanga in G.R.Case No.721 of 2022 arising out of Kujanga P.S.Case No.292 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.

6.

Accordingly, the ABLAPL is disposed of.

Urgent certified copy of this order be granted on proper application.

( A.K. Mohapatra) Judge RKS