Alok Srichandan v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.9891 of 2022 Alok Srichandan ....

Petitioner Mr. S.K. Bhanjadeo, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

22.08.2022 Order No.

01.

1.

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

2.

Heard learned counsel for the Petitioner and learned Addl. Standing Counsel for the State.

3.

This is an application under Section 438, Cr.P.C. filed by the Petitioner for anticipatory bail, involving offence punishable under Sections 498-A/294/323/307/506/34, I.P.C. and Section 4 of the D.P. Act.

4.

Learned counsel for the Petitioner submits that Petitioner is the husband of the Informant. He further submits that the present criminal case has been filed as a counterblast to the petition filed by the husband-Petitioner under Section 9 of the Hindu Marriage Act for restitution of conjugal rights. On perusal of the said petition, it appears that the same has been filed on 21.05.2022. Further, it appears that the present criminal case has been initiated on 31.07.2022.

// 2 // 5.

Considering the aforesaid submissions, seriousness of the allegation, gravity of the offence and facts of the case, although I am not inclined to grant anticipatory bail to the Petitioner, however it is observed that, in the event the Petitioner surrenders and moves for bail before the learned S.D.J.M., Khurda in G.R. Case No.1244 of 2022 corresponding to Jankia P.S. Case No.277 of 2022 within a period of three weeks from today, he shall be released on bail on such terms and conditions as the learned Magistrate may deem just and proper in the facts and circumstances of the case, but subject to the following further conditions - (i) that, while on bail, the Petitioner shall not threaten, terrorise, ill-treat or harass the Informant and her family members or the prosecution witnesses in any manner whatsoever; and (ii) Petitioner being the husband, shall take care of the Informant so long as the matrimonial relationship subsists between them as per law. Also, he shall provide day-to-day expenses of the Informant in all respect for her survival.

Violation of any of the conditions shall entail cancellation of bail of the Petitioner.

6.

The ABLAPL is disposed of accordingly.

7.

Urgent certified copy of this order be granted as per rules. (A.K. Mohapatra) Judge S.K.Parida