Bhagabati Thakur v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.9357 of 2022 Bhagabati Thakur ....

Petitioner Mr. Jagabandhu Sahu, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

30.08.2022 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.963 of 2022, arising out of Balangir Town P.S. Case No.323 of 2022 pending in the court of learned S.D.J.M., Balangir for commission of offence punishable under Sections 419/420/468/ 471/120-B, I.P.C.

5.

It is submitted by learned counsel for the petitioner that the petitioner is the purchaser of the land which was alleged to be sold to the petitioner by cheating fraudulent means. Further, on examination of the materials available on record, it is also found that there is no allegation of any fraud committed by the present petitioner. 6.

Considering the nature of allegation, gravity of offence and the

// 2 // 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 an application for bail before the learned court in seisin over the matter within a period of three weeks from today in the aforesaid case, he shall be released on bail on such terms and conditions as would be deemed just and proper with further conditions that :- I.

The petitioner shall cooperate with the Investigating Officer as and when required for the purpose of investigation and the documents be produced as required for the purpose of investigation;

II.

she shall not default in attendance of the court during trial on each date of posting;

III.

while on bail, she shall not threaten, harass and terrorize the informant and her /his family members in any manner whatsoever; and IV.

she shall not indulge in similar activities while on bal.

Violation of any of the terms and conditions shall entail cancellation of bail.

8.

Accordingly, the ABLAPL is disposed of.

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

( A.K. Mohapatra) Judge Jagabandhu

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