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Orissa High CourtABLAPL/10652/2022disposed off

B. Bhagabati @ B. Bhagya Dora v. State Of Odisha

2022-09-08Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.10652 of 2022 B. Bhagabati @ B. Bhagya Dora and others ....

Petitioners Mr. S.K. Mahanty, Advocate -versusState of Odisha (Vigilance) ....

Opp. Party Mr. S. Patra, 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 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.50 of 2021 arising out Digapahandi P.S. Case No.37of 2021 pending in the court of learned J.M.F.C., Digapahandi for commission of offences punishable under Sections 498A/506/323/294/307/34, 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-law of the informant and they have been falsely implicated in the present case.

6.

Considering the nature of allegation, gravity of offence and the fact of the case, I am not inclined to grant anticipatory bail to the

// 2 // 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 not default in attendance of the court during trial on each date of posting; and II.

while on bail, they shall not threaten, harass and terrorize the informant and her /his family members in any manner whatsoever;

Violation of any of the terms and conditions shall entail cancellation of bail.

7.

Accordingly, the ABLAPL is disposed of.

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

( A.K. Mohapatra) Judge Jagabandhu