Debaraj Mallick v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.14197 of 2022 Debaraj Mallick .... Petitioner Mr. B.M. Sarangi, Advocate -versusState of Odisha ....

Opp. Party Mr. M.K. Mohanty, ASC

CORAM:

JUSTICE CHITTARANJAN DASH Order No.

ORDER

22.11.2022 01.

1. Heard learned counsel for the Petitioner and the State.

2. This is an application for bail U/s.438 Cr.P.C. filed by the Petitioner in anticipation of arrest for his alleged involvement in the offences U/s.498-A/323/325/294/406/34 IPC.

3. Learned counsel for the Petitioner submits that the Petitioner is keen to take back the informant and in sequel thereto has preferred petition U/s 9 of the Hindu Marriage Act praying for restitution of the conjugal rights. He further submitted that he would cooperate and to make all so as to make feel the bride feels secured to remain in the matrimonial house.

4. Keeping in view the submission of the parties, the nature of allegations, the circumstances appearing, the seriousness and gravity of the offences, while this Court is not inclined to grant the

// 2 // anticipatory bail, it is directed that in the event the Petitioner surrenders in connection with I.C.C. Case No.4964 of 2022 pending in the court of learned S.D.J.M., Bhubaneswar within a period of two weeks' hence and moves for bail, he shall be released on such terms and conditions as would be deemed just and proper by the said court with further conditions that he shall appear in person before the court below on each date of posting of the case unless specifically exempted by the court concerned with the further conditions that he shall not threaten or intimidate the Informant in any manner whatsoever and shall cooperate with the investigation; shall not take any such step to keep the child away from the mother without her consent. Violation of any of the condition shall entail cancellation of the order in case of a report from the informant and found authentic in the opinion of the court in seisin over the matter

5. The ABLAPL is disposed of.

(Chittaranjan Dash) Judge KC Bisoi