Mirja @ Abdul Salam Baig v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.11128 of 2022 Mirja @ Abdul Salam Baig & another ....

Petitioners Mr.Pramod Kumar Mishra,Advocate -versusState of Odisha ....

Opp. Party Mr.S.Mishra,A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

14.09.2022 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 there is long standing civil dispute between the family of the Petitioners and the informant. He also submits that the prosecution allegation is totally false and fabricated and the informant is always trying to put the Petitioners into trouble and harassment. 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 J.M.F.C., Salipur in G.R.Case No.369 of 2022 arising out of Salipur P.S.Case no.146 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, but subject to verification of injury. It is also directed that the Petitioners while on bail shall not indulge in similar nature of offence and shall not threaten, influence, terrorise or harass the informant and his family members. The Petitioners also while on bail shall cooperate with the investigation and appear before the I.O. as and when required. 6.

Accordingly, the ABLAPL is disposed of.

7.

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