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Orissa High CourtABLAPL/10249/2022disposed off

Ashwini Sahu v. State Of Odisha

2022-08-29Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.10249 of 2022 Ashwini Sahu & another ....

Petitioners Mr. Satyabrata Panda,Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

29.08.2022 01.

1.

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

2.

Heard Mr.Satyabrata Panda, 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 Mr.Panda, the learned counsel for the Petitioners that earlier the Petitioners were before this Court in ABLAPL No.8621 of 2022 which was disposed by order dated 29.07.2022 directing the Petitioner to surrender before the learned court blow and to go on bail subject to verification of injury report. It was further directed that in the event the injuries are found to be grievous then the order dated 29.07.2022 shall stand revoked. 5.

It is further submitted by the learned counsel for the Petitioners

// 2 // that after getting the order dated 29.07.2022 verified the injury report and it was found that some of the injuries although grievous in nature, but the same was on non-vital organ of the body. It is further submitted by the learned counsel for the Petitioners that Petitioners do not have any criminal antecedent and that both the Petitioners and informant belong to one family.

6.

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 Petitioners. However, it is directed that in the event the Petitioners surrender before the learned S.D.J.M., Padampur in G.R.Case No.640 of 2022 arising out of Buden P.S.Case No.62 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.

7.

Accordingly, the ABLAPL is disposed of.

8.

Issue urgent certified copy of this order as per Rules. ( A.K. Mohapatra) Judge RKS