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Orissa High CourtABLAPL/12549/2022disposed off

Biranchi Kumar Pradhan v. State Of Odisha

2022-09-29Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.12549 of 2022 Biranchi Kumar Pradhan and others ....

Petitioners Mr.Chitta Ranjan Sahu, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

29.09.2022 Order No.

01.

1.

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

2.

Heard learned counsel for the Petitioners, learned Addl. Standing Counsel for the State. Perused the records. 3.

This is an application under Section 438, Cr.P.C. filed by the Petitioners for anticipatory bail, involving offence punishable under Sections 498-A, 323,294/34 of the Indian Penal Code read with Section 4 of D.P.Act.

4.

It is submitted by the learned counsel for the Petitioners that the Petitioners are all in -laws of the informant. The allegations against them are omnibus in nature.

5.

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

// 2 // S.D.J.M., Rairakhol in G.R.Case No.577 of 2022 arising out of Rairakhol P.S.Case No.205 of 2022 within a period of three weeks from today, they 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.

While imposing conditions for bail, learned Magistrate shall also impose the following additional conditions - (i) The Petitioners shall appear before the I.O. and shall cooperate with the investigation as and when required by the I.O.; (ii) They shall not threaten, influence, terrorise or harass the informant as well as her family members 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 RKS