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Orissa High CourtABLAPL/11577/2022disposed off

Rashmiranjan Behera v. State Of Odisha

2022-09-19Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.11577 of 2022 Rashmiranjan Behera and another ....

Petitioners Mr. S.N. Mishra, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

19.09.2022 01.

1.

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

2.

Heard learned counsel for the petitioners and learned Additional Standing Counsel for the State.

3.

This is an application under Section 438, Cr.P.C. filed by the petitioners for anticipatory bail.

4.

The petitioners are seeking pre-arrest bail in connection with C.T. Case No.5055 of 2022, arising out of Laxmi Sagar P.S. Case No.300 of 2022 pending in the court of learned S.D.J.M., Bhubaneswar for commission of offences punishable under Section 379, I.P.C.

5.

So far as the petitioner no.1-Rashmiranjan Behera is concerned. It is observed that neither the petitioner no.1Rashmiranjan Behera had named in the F.I.R. nor allegation made against him. There is no apprehension on behalf of the petitioner no.1-Rashmiranjan Behera. Accordingly, the bail application of the petitioner no.1-Rashmiranjan Behera stands dismissed as

// 2 // infrucutous.

6.

So far as the petitioner no.2-Manasi Mishra is concerned. Considering the nature of allegation, gravity of offence and the fact of the case and that the petitioner no.2-Manasi Mishra is aged about 71 years and she does not have any criminal antecedents of similar nature of offence, I am not inclined to grant anticipatory bail to the petitioner no.2-Manasi Mishra. However, it is directed that in the event the petitioner no.2-Manasi Mishra surrenders and moves an application for bail before the learned court in seisin over the matter within a period of three weeks from today in the aforesaid case, she shall be released on bail on such terms and conditions as would be deemed just and proper.

6.

Accordingly, the ABLAPL is disposed of.

Urgent certified copy of this order be granted on proper application.

( A.K. Mohapatra) Judge Jagabandhu