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Orissa High CourtABLAPL/11233/2022disposed off

Kamini @ Sabita Barik v. State Of Odisha

2022-09-15Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.11233 of 2022 Kamini @ Sabita Barik and others ....

Petitioners Mr.Pramod Ku. Jena,Advocate -versusUnion of India ....

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

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

15.09.2022 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 exists a civil dispute between the parties as a result of which a scuffle took place. He further submits that no injury sustained by the persons present.

5.

Considering the nature of allegations made, gravity of the offence and the facts of the case, I am not inclined to grant anticipatory bail to the Petitioners. However, it is directed that in the event the Petitioners surrender before the learned J.M.F.C.,

// 2 // Rasgovindpur in C.T.Case No.188 of 2022 arising out of Rasgovindpur P.S.Case No.194 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 and criminal antecedents of similar nature against the Petitioners. It is directed that the Petitioners while on bail shall cooperate with the investigation and appear before the I.O. as and when required and shall not threaten, influence, terrorise the informant and her family members n any manner whatsoever.

6.

Accordingly, the ABLAPL is disposed of.

7.

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