Chhabindra Sethi v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.10178 of 2022 Chhabindra Sethi ....

Petitioner Mr. A.N. Samantaray,Advocate -versusState of Odisha ....

Opp. Party Mr.S.Patra,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 Petitioner and the learned Additional Standing Counsel. Perused the records. 3.

This is an application under Section 438 Cr.P.C. filed by the Petitioner for anticipatory bail.

4.

It is submitted by the learned counsel for the Petitioner that civil dispute between the Petitioner and the informant. He further submits that in a civil suit bearing C.S.No.109 of 2022 pending before the learned Civil Judge (Junior Division), Kujang between the parties. As a result of such rivalry, the informant initially filed a complaint case against the Petitioner alleging that he has tampered with his caste certificate. Thereafter the same has been registered as F.I.R.

// 2 // 5.

Considering the nature of allegations made, gravity of the offence and the facts 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.(P), Kujang in G.R.Case No.775 of 2022 arising out of Kujang P.S.Case No.312 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 cooperate with the investigation and appear before the I.O. as and when required and shall appear before the trial court on each and every date fixed. He shall not threaten, influence, terrorise or harass the informant and his family members in any manner whatsoever. 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