Bhagaban Biswal v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.11517 of 2022 Bhagaban Biswal & Others ....

Petitioners Mr. Prafulla Kumar Biswal, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

19.09.2022 Order No.

01.

1.

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

2.

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

3.

This is an application under Section 438, Cr.P.C. filed by the Petitioner for anticipatory bail, involving offence punishable under Sections 498-A/307/354-A/354-C/294/506/34, I.P.C. and Section 4 of the D.P. Act.

4.

Petitioners are stated to be the in-law family members of the Informant. Considering the 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., Aul in G.R. Case No.589 of 2022 corresponding to Aul P.S. Case No.326 of 2022 within a period of three weeks from today, he shall be released on bail on such terms and conditions as

// 2 // the learned Magistrate may deem just and proper in the facts and circumstances of the case.

However, while imposing conditions for bail, learned Magistrate shall also impose the following additional conditions - (i) The Petitioners shall cooperate with the Investigation and shall appear before the I.O. as and when required for the said purpose;

(ii) They shall not threaten, terrorise, ill-treat or harass the Informant and her family members in any manner whatsoever, while on bail.

Violation of any of the conditions shall entail cancellation of bail of the Petitioner.

5.

The ABLAPL is disposed of accordingly.

6.

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