Bikash @ Bikasha Sandha v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.4365 of 2022 Arjit Takri @ Abhijit Takri ....

Petitioner Mr. Tukuna Kumar Mishra,Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

02.09.2022 02.

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 there is previous dispute between two groups for which both parties involved in a free fight, as a result of which case and counter case has been registered. He also submits that so far as the present Petitioner is concerned, he is the son of the informant of Papdahandi P.S.Case No.28 of 2022 which has been registered at 10.30 A.M. Thereafter the present F.I.R. in Papdahandi P.S.Case No.29 of 2022 has been registered at 11.30 A.M. making allegation of 354-B of the Indian

// 2 // Penal Code and Section 12 of the Protection of Children from Sexual Offence Act, 2012. It is further submitted by the learned counsel for the Petitioner that the Petitioner has been falsely implicated in the present case.

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 Additional Sessions Judge, Nabrangpur in T.R.Case No.18 of 2022 arising out of Papdahandi P.S.Case No.29 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 not threaten, influence, terrorise or harass the informant and her family members in any manner whatsoever. The Petitioner shall also cooperate with the trial and appear before the I.O. as and when required and also appear before the trial court on each and every date fixed. 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