Amena Bibi v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.13343 of 2022 Amena Bibi ....

Petitioner Mr. Samarendra Mohanty, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

18.10.2022 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 420/467/468/470/471/419/409/34, I.P.C. 4.

Learned counsel for the Petitioner submits that the offences alleged against the petitioner are all triable by Magistrate. He further submits that some of the co-accused in this case have been released on bail by the learned court below. He also submits that the present Petitioner is a widow lady.

5.

Considering the aforesaid 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

// 2 // is observed that, in the event the Petitioner surrenders and moves for bail before the learned S.D.J.M., Jagatsinghpur in G.R. Case No.1202 of 2018 corresponding to Jagatsinghpur P.S. Case No.353 of 2018 arising out of I.C.C. Case No.187 of 2018, within a period of three weeks from today, she 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) She shall not indulge in any other criminal activities of similar nature to the present case, 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