Ramamani Upadyaya v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.9097 of 2022 Ramamani Upadhaya & others ....

Petitioners Mr.Debasish Samal, 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 Petitioner Nos.1 & 2 that the Petitioner Nos.1 & 2 and the informant are related to each other and they have long standing civil dispute. The nature of allegations do not make out any prima facie case against the Petitioner Nos. 1 & 2.

5.

Considering the nature of allegations made, gravity of the offence and the fact of the case, I am not inclined to grant anticipatory bail to the Petitioner Nos.1 & 2. However, it is directed that in the event the Petitioner Nos.1 & 2 surrender before the learned JMFC, Soro in C.T.Case No.720 of 2022 arising out of Soro P.S.Case No.339 of 2022 within a period of three weeks from today and move for bail, they shall be released on bail on such terms and

// 2 // conditions as would be deemed just and proper by the learned Magistrate.

6.

The Petitioner No.3 is apprehending his arrest for the alleged commission of offence under Sections 294, 323, 324, 307, 354, 354(B), 506/34 of the Indian Penal Code in C.T.Case No.720 of 2022 arising out of Soro P.S.Case No.339 of 2022 of the Court of the learned J.M.F.C., Soro.

7.

Considering the facts of the case, this Court is not inclined to grant anticipatory bail to the Petitioner No.3. 8.

However, on the submission of the learned counsel, the Petitioner No.3 is given liberty to surrender before the learned J.M.F.C., Soro in the aforesaid case in the first hour within 21 working days hence and move for bail. On such event, the learned Magistrate shall consider his application for bail in the first hour strictly on the basis of the materials on record. In case of rejection of the bail application, the Petitioner No.3 may move for bail before the higher forum in the second hour. On such event, the higher forum shall consider and dispose of the bail application of the Petitioner No.3 on the same day strictly on the basis of the materials on record. 9.

Case Diary be made available to the concerned courts. Records be transmitted to the higher forum at the cost of the Petitioner No.3, if applied for.

10.

Accordingly, the ABLAPL is disposed of.

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

( A.K. Mohapatra) Judge RKS

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