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Orissa High CourtABLAPL/10324/2022disposed off

Ramesh Chandra Muduli v. State Of Odisha

2022-09-02Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.10324 of 2022 Ramesh Chandra Muduli and others ....

Petitioners Mr. B.K. Behera, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

02.09.2022 01.

1.

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

2.

Heard learned counsel for the petitioners and learned Additional Standing Counsel for the State.

3.

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

4.

The petitioners are seeking pre-arrest bail in connection with G.R. Case No.1506 of 2020, arising out of Khurda P.S. Case No.476 of 2020 pending in the court of learned S.D.J.M., Khurda for commission of offence punishable under Sections 498-A/294/506/406/34, I.P.C. read with Section 4 of the D.P. Act.

5.

It is submitted by learned counsel for the petitioners that the petitioners are in-laws of the informant-wife. It is further submitted that the present case arose out of a complaint and the petitioners have been falsely implicated in the present case.

6.

Considering the nature of allegation, gravity of offence and the fact of the case and surrounding facts and keeping in view the materials

// 2 // placed before this Court, I am not inclined to grant anticipatory bail to the petitioners. However, it is directed that in the event the petitioners surrender and move an application for bail before the learned court in seisin over the matter within a period of three weeks from today in the aforesaid case, they shall be released on bail on such terms and conditions as would be deemed just and proper with further conditions that :- I.

The petitioners shall cooperate with the Investigating Officer as and when required for the purpose of investigation;

II.

they shall not indulge in similar criminal activities while on bail; and III.

they shall not harass, torture, threaten or terrorize the informant and his/her family members in any manner whatsoever Violation of any of the terms and conditions shall entail cancellation of bail.

8.

Accordingly, the ABLAPL is disposed of.

Urgent certified copy of this order be granted on proper application.

( A.K. Mohapatra) Judge Jagabandhu