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Orissa High CourtABLAPL/9961/2022disposed off

Amita Samal v. State Of Odisha

2022-08-22Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.9961 of 2022 Amita Samal ....

Petitioner Mr.B.K.Ragada,Advocate -versusState of Odisha ....

Opp. Party Mr.P.K.Rout, A.G.A.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

22.08.2022 01.

1.

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

2.

Heard learned counsel for the Petitioners and the learned Additional Government Advocate. 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 Petitioner that the Petitioner is innocent and falsely implicated in this case. The informant has lodged this false case only to harass the petitioner. It is also submitted by the learned counsel for the Petitioner that the informant is an arrogant lady and did not respect to her elders and voluntarily left her in-laws house and after getting notice on 10.05.2022 from the Judge, Family Court, Rourkela in Divorce Case

// 2 // the informant only to harass the Petitioner lodged the present F.I.R. 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 Petitioner. However, it is directed that in the event the Petitioner surrenders before the learned J.M.F.C., Dhamnagar in G.R.Case No.444 of 2022 arising out of Dhamnagar P.S.Case No.254 of 2022 within a period of three weeks from today and moves for bail, he shall be released on bail on such terms and conditions as would be deemed just and proper by the learned Magistrate with further conditions that the Petitioner while on bail shall not cause any harassment or ill-treat the informant and her family members in any manner and shall appear before the I.O. as and when required for the purpose of investigation. Violation of conditions 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