Md.Maktar v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.10863 of 2022 MD Maktar & others ....

Petitioners Mr.Razia Kulsum,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 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.

4.

It is submitted by the learned counsel for the Petitioners that the Petitioners have no involvement in the alleged crime and they have been falsely implicated in this case. He also submits that the Petitioners have no criminal antecedent and this case has been foisted against the Petitioners in order to harass and humiliate them in the society.

5.

Considering the nature of allegations made, gravity of the offence and the facts of the case, I am not inclined to grant

// 2 // anticipatory bail to the Petitioners. However, it is directed that in the event the Petitioners surrender before the learned S.D.J.M.(S), Cuttack in G.R.Case No.672 of 2022 arising out of Mahila P.S.Case no.65 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 Petitioner shall also look after the well being of the informant and shall provide maintenance to the informant so long as the matrimonial dispute subsists.

6.

Accordingly, the ABLAPL is disposed of.

7.

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