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Orissa High CourtABLAPL/10106/2022disposed off

Anjan Kumar Behera @ Anjan Dhir v. State Of Odisha

2022-08-25Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.10106 of 2022 Anjan Kumar Behera @ Anjan Dhir & Others ....

Petitioners Mr. Bhawani Sankar Panigrahi, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

25.08.2022 Order No.

01.

1.

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

2.

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

3.

This is an application under Section 438, Cr.P.C. filed by the Petitioners for anticipatory bail, involving offence punishable under Sections 420/379/294/323/497/354/307/506/34, I.P.C. 4.

It is submitted by learned counsel for the Petitioners that the present F.I.R. is a counterblast to the F.I.R. lodged by the wife of the Informant. So far as the present Petitioners are concerned, it is submitted that they all are relatives of the wife. 5.

Considering the seriousness of the allegation, gravity of the offence and the facts of the case, although I am not inclined to grant anticipatory bail to the Petitioners, however it is observed that, in the

// 2 // event the Petitioners surrender and move for bail before the learned J.M.F.C., Basta in C.T. Case No.268 of 2022 corresponding to Baliapala P.S. Case No.89 of 2022 within a period of three weeks from today, they 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.

While imposing conditions for bail, learned Magistrate shall also impose the following further conditions - (i) The Petitioners shall cooperate in the investigation by appearing before the I.O. as and when required; (ii) They shall also appear before the learned trial court on each date fixed for trial, without fail.

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