Dhanurjaya Khara v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 14471 of 2022 Dhanurjaya Khara ....

Petitioner Ms. Deepali Mahapatra, Advocate -versusState of Odisha ....

Opposite Party Mr. S. Patra, ASC

CORAM:

JUSTICE CHITTARANJAN DASH Order No.

ORDER

07.12.2022 02.

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

2. This is an application for bail U/s. 438 Cr.P.C. filed by the Petitioner in apprehension of arrest for his alleged involvement in the offences U/s. 498(A), 313, 328 & 294/34 of IPC read with section 4 of DP Act.

3. Learned Counsel for the State having obtained Case Diary and medical report more particularly in respect to the allegations under Sections 328 and 313 of IPC submits that no such adverse order appears in the medical examination report consistent with the allegation under Sections 328 and 313 IPC.

4. Keeping in view the submission of the parties, the nature of allegations as emerged from the materials on record, the circumstances appearing, the seriousness and gravity of the offences, while this court is not inclined to grant the anticipatory

// 2 // bail, it is directed that in the event the Petitioner surrenders and moves for bail in connection with Jeypore Mahila PS Case No. 112 of 2022 corresponding to GR Case No. 1060 of 2022 pending in the court of learned SDJM, Jeypore within a period of three weeks hence and move 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 further condition as follows:- (i) The Petitioner shall appear before the I.O. and shall cooperate with the investigation as and when required; (ii) He shall not indulge in any other crime of similar nature in any manner whatsoever while on bail and (iii) Violation of any of the conditions shall entail cancellation of bail of the Petitioner.

5. The ABLAPL is disposed of accordingly.

(Chittaranjan Dash) Judge B.K Sahoo/AKPradhan