Bhaskar Sahu v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.9990 of 2022 Bhaskar Sahu and others ....

Petitioners Mr.L.N.Patel,Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

23.08.2022 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 Petitioners are innocent persons and have been falsely implicated in this case and this false case has been foisted only to harass the Petitioners. It is also submitted by the learned counsel for the Petitioners that the delay in lodging the F.I.R. has not been explained.

5.

Considering the nature of allegations made, gravity of the offence and the fact of the case, I am not inclined to grant

// 2 // anticipatory bail to the Petitioners. However, it is directed that in the event the Petitioners surrender before the learned S.D.J.M., Berhampur in G.R. Case No.1123 of 2019 arising out of Mahila P.S.Case No.53 of 2019 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 Magistrate with further condition that the Petitioners while on bail shall not threaten, influence, terrorise or harass the informant and her family members. It is also directed that the Petitioners shall also look after the well being of the informant and shall provide maintenance to the informant so long as the matrimonial dispute subsists. 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