← Library
Orissa High CourtABLAPL/9110/2022disposed off

Gagan Bihari Jena v. State Of Odisha

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

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.9110 of 2022 Gagan Bihari Jena & others ....

Petitioners Mr. Arijeet Mishra, 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 Petitioners are in-laws and the allegations leveled against the Petitioners are false and fabricated and the Petitioners are no way connected with the alleged offences. It is also submitted by the learned counsel for the Petitioners that the informant had married to the son of the Petitioners and they are staying in separate mess. The allegations leveled against them is omnibus in nature 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., Jajpur Road in C.T.Case No.936 of 2022 arising out of Jakhapura P.S.Case No.77 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 subject to the condition that while on bail they shall not threaten, terrorize and harass the informant and her family members in any manner whatsoever. Violation of condition shall entail cancellation of bail.

6.

Accordingly, the ABLAPL is disposed of.

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

( A.K. Mohapatra) Judge RKS