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Orissa High CourtABLAPL/11076/2022disposed off

Suresh Sahu v. State Of Odisha

2022-09-13Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.11076 of 2022 Suresh Sahu & another ....

Petitioner Mr. Haraprasad Panda, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

13.09.2022 Order No.

01.

1.

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

2.

Heard learned counsel for the Petitioners and learned Addl. Standing Counsel for the State.

3.

This is an application under Section 438, Cr.P.C. filed by the Petitioners for anticipatory bail, involving offence punishable under Sections 498-A/294/323/307/506/34, I.P.C. and Section 4 of the D.P. Act.

4.

It is submitted by learned counsel for the Petitioner that the main allegation is against the husband and mother-in-law of the Informant. He further submits that the husband has already been released on bail by the learned court below. So far as the present Petitioners are concerned, they are brother-in-law and sister-in-law of the Informant.

// 2 // 5.

Considering such submission, seriousness of the allegation, gravity of the offence and the facts of the case, although I am not inclined to grant anticipatory bail to the Petitioners, however it is observed that, in the event the Petitioners surrender and move for bail before the learned J.M.F.C., Gondia in G.R. Case No.355 of 2022 corresponding to Gondia P.S. Case No.208 of 2022 within a period of three weeks from today, they shall be released on bail on such terms and conditions as the learned Magistrate may deem just and proper in the facts and circumstances of the case, but subject to the further conditions that they shall not threaten, terrorise, ill-treat or harass the Informant or her family members in any manner whatsoever; and they shall appear before the I.O. and shall cooperate with the investigation as and when required by the I.O. 6.

The ABLAPL is disposed of accordingly.

7.

Urgent certified copy of this order be granted as per rules. (A.K. Mohapatra) Judge S.K.Parida