Golap Das v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.11781 of 2022 Golap Das ....

Petitioner Mr. Anirudha Das, Advocate -versusState of Odisha ....

Opposite Party Mr. Shashanka Patra, A.S.C.

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

21.09.2022 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/302/304-B/201/34, I.P.C. and Section 4 of D.P. Act. 4.

It is submitted by learned counsel for the Petitioner that the present Petitioner is the mother-in-law of the deceased. He further submits that, so far as the present Petitioner is concerned, the only allegation against her is offence under Section 498-A, I.P.C. read with Section 4 of the D.P. Act, and so far as other accused persons are concerned, allegation under Sections 302/304-B/201/34, I.P.C. has been made against them.

// 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 Petitioner, however it is observed that, in the event the Petitioner surrenders and moves for bail before the learned J.M.F.C., Gondia in G.R. Case No.166 of 2022 corresponding to Gondia P.S. Case No.86 of 2022 within a period of three weeks from today, he 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. However, while imposing conditions for bail, learned Magistrate shall also impose the following additional conditions - (i) The petitioner shall appear before the I.O. and shall cooperate with the investigation as and when required by the I.O.; (ii) He shall appear before the learned trial court on each date fixed for trial, without fail.

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