Baita @ Boita Dalei v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.10612 of 2022 Baita @ Boita Dalei ....

Petitioner Mr.Sk.Zafarulla, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

08.09.2022 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 the p3resent bail application arises out of an incident took place in the year 2015. Earlier the Petitioner was before this Court in ABLAPL No.13713 of 2015. However the same was not pressed by the Petitioner as by that time there was no apprehension of arrest. It is also submitted by the learned counsel for the Petitioner that the present case arises out of a civil dispute. So far as the injury is concerned, the injuries are simple in nature. 5.

Considering the nature of allegations and gravity of the

// 2 // 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 S.D.J.M., Nilagiri in C.T.Case No.331 of 2015 arising out of Nilgiri P.S.Case No.260 of 2015 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 his family members in any manner whatsoever. The Petitioner shall also appear before the trial court on each and every date fixed without fail. 6.

Accordingly, the ABLAPL is disposed of.

7.

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