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Orissa High CourtABLAPL/10425/2022disposed off

Sk. Rafi Bulla v. State Of Odisha

2022-09-06Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.10425 of 2022 Sk.Rafi Bulla & others ....

Petitioners Mr.Biswajit Mohapatra,Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

06.09.2022 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.

5.

It is submitted by the learned counsel for the Petitioners that the allegations made by the informant are all false and fabricated story. The Petitioners are innocent and have no criminal antecedents. 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 J.M.F.C. Nimapara in G.R.Case No.685 of 2022 arising out of Nimapara P.S.Case

// 2 // No.247 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 conditions that the Petitioner while on bail shall not threaten, influence, terrorise or harass the informant and her family members in any manner whatsoever. It is also directed that the Petitioners shall also look after the well being of the informant and shall provide maintenance to the informant so long as the matrimonial dispute subsists.

7.

Accordingly, the ABLAPL is disposed of.

8.

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