Rajkishore Sahoo v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.9700 of 2022 Rajkishore Sahoo and another ....

Petitioners Mr.C.R.Swain, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

12.08.2022 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 allegations leveled against the Petitioners are all false, fabricated and concocted stories and they are no way connected with the present crime. It is also submitted by the learned counsel for the Petitioners that the informant and Petitioner No.1 are two brothers and Petitioner No.2 is the wife of Petitioner No.1 and there was dispute between them due to partition of joint family properties. 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 Petitioners. However, it is directed that in the

// 2 // event the Petitioners surrender before the learned J.M.F.C., Raghunathpur in G.R.Case No.137 of 2022 arising out of Raghunathpur P.S.Case No.140 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 with further condition that the Petitioners shall not threaten, influence, terrorise or harass the informant and his family members in any manner whatsoever. Violation of condition shall entail cancellation of bail.

6.

Accordingly, the ABLAPL is disposed of.

7.

Issue urgent certified copy of this order as per Rules. ( A.K. Mohapatra) Judge RKS