Radhamohan Swain v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.10161 of 2022 Radhamohan Swain and others ....

Petitioners Mr. Dhananjaya Nayak,Advocate -versusState of Odisha ....

Opp. Party Mr.S.Mishra, A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

26.08.2022 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 in-laws and have been falsely implicated by the informant. It is also submitted by the learned counsel for the Petitioners that after a settlement the victim is residing separately with separate messing without any connection with the petitioners and relatives.

5.

Considering the nature of allegations made, gravity of the offence and the facts 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 J.M.F.C.(City), Cutack in G.R.Case No.934 of 2022 arising out of Chauliaganj P.S.Case No.224 of 2022 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 learned Magistrate with further condition that the Petitioners while on bail shall not threaten, influence, terrorise or harass the informant and her family members and shall cooperate with the investigation and shall appear before the I.O. as and when required. Violation of conditions shall entail cancellation of bail.

6.

Accordingly, the ABLAPL is disposed of.

7.

Issue urgent certified copy of this order in course of the day. ( A.K. Mohapatra) Judge RKS