Abhiram @ Abhimanyu Mallik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL NO.10817 OF 2022 Abhiram @ Abhimanyu Mallik & Another ....

Petitioners Mr.U.R. Jena, Advocate -versusState of Odisha ....

Opposite Party Mr. Samaresh Jena, ASC.

CORAM:

MR. JUSTICE D.DASH

ORDER

22.09.2022 01.

1.

This matter is taken up through hybrid arrangement Order No.

(virtual / physical) mode.

2.

Learned counsel for the Petitioners submits that here in the case, this Petitioners being the parents of the accused Sagar Mallik against whom the allegations as to commission of principal offence run have been unnecessarily arraigned in the case being falsely assigned with the role having no nexus with the commission of the said offence. It is further submitted that the attempt to implicate the Petitioners in the above manner is only to harass them. In view of all the above and in the absence of any such impediment; he urges for grant of bail to the Petitioners.

3.

Learned Counsel for the State while not disputing the position that here as against accused- Sagar, the allegations in

// 2 // respect of commission of the principal offences run; however, opposes the move of the Petitioners in view of their role. 4.

Considering the submissions and on going through the nature of accusations; further keeping in view the surrounding circumstances of the case as also concerning the Petitioners; it is directed that in the event the Petitioners surrender before the Court in seisin of the case in connection with Binjharpur P.S. Case No.218 of 2022 corresponding to C.T. Case No.696 of 2022 pending on the file of learned Addl. Sessions Judge-cumSpecial Judge, Jajpur within three weeks hence and move for their release on bail, they shall be released on bail on such terms and conditions as would be deemed just and proper by the said Court in seisin of the case with further condition that they will not threaten or terrorize the prosecution witnesses including the victim in any manner.

5.

The ABLAPL is accordingly disposed of.

Issue urgent certified copy as per rules.

(D. Dash), Judge.

Narayan