Jagdish Kar v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.9851 of 2022 Jagdish Kar ....

Petitioner Mr. J. Sahoo, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

17.08.2022 01.

1.

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2.

Heard learned counsel for the petitioners and learned Additional Standing Counsel for the State.

3.

This is an application under Section 438, Cr.P.C. filed by the petitioners for anticipatory bail.

4.

The petitioners are seeking pre-arrest bail in connection with G.R. Case No.432 of 2022, arising out of Sohela P.S. Case No.155 of 2022 pending in the court of learned J.M.F.C., Sohela for commission of offence punishable under Sections 498-A/294/ 323/506/34, I.P.C. read with Section 4 of the D.P. Act. 5.

It is submitted by learned counsel for the petitioners that the petitioners are in-laws of the informant and they have been falsely implicated in the present case.

6.

Considering the nature of allegation, gravity of 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 event the petitioners

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

Petitioners shall not harass, torture, threaten or terrorize the informant and his/her family members in any manner whatsoever while on bail; II.

they shall not indulge in similar nature of criminal activities while on bail; and III.

they shall also lookafter well being by the petitioner and shall provide maintenance in sustenance of the informant-wife while on bail. Violation of any of the terms and conditions shall entail cancellation of bail.

7.

Accordingly, the ABLAPL is disposed of.

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

( A.K. Mohapatra) Judge Jagabandhu