Prasanta Kumar Nath v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.10849 of 2022 Prasanta Kumar Nath ....

Petitioner Mr. S.K. Nath, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

12.09.2022 01.

1.

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

2.

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

3.

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

4.

The petitioner is seeking pre-arrest bail in connection with G.R. Case No.1086 of 2022, arising out of Mahila P.S. Case No.100 of 2022 pending in the court of learned S.D.J.M., Cuttack for commission of offence punishable under Sections 498-A/323/506/, I.P.C. read with Section 4 of the D.P. Act.

5.

Considering the nature of allegation, gravity of offence and the fact 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 and moves 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, petitioner shall be released on bail on such terms

// 2 // and conditions as would be deemed just and proper with further conditions that :- I.

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

II.

he shall not default in attendance of the court during trial on each date of posting;

III.

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

he shall also lookafter well being by the petitioner and shall provide maintenance in sustenance of the informant while on bail.

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

6.

Accordingly, the ABLAPL is disposed of.

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

( A.K. Mohapatra) Judge Jagabandhu