Amita Samal v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.9969 of 2022 Amita Samal ....

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

Opposite Party Mr. Shashank Patra, A.S.C.

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

24.08.2022 Order No.

02.

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 354/354-A/420/34, I.P.C. and Section 66-D of the I.T. Act. 4.

Considering the 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 J.M.F.C., Dhamanagar in G.R. Case No.431 of 2022 corresponding to Dhamnagar P.S. Case No.245 of 2022 within a period of three weeks from today, she 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.

// 2 // While imposing conditions for bail, learned Magistrate shall also impose the following further conditions - (i) The Petitioner shall not threaten, terrorise, ill-treat or harass the Informant and his family members in any manner as well as the prosecution witnesses in any manner whatsoever.

(ii) She shall appear before the I.O. and shall cooperate with the investigation as and when required.

(iii) She shall also appear before the learned trial court on each date of trial, without fail.

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

5.

The ABLAPL is disposed of accordingly.

6.

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