Bipin Kumar Majhi v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.14847 of 2022 Bipin Kumar Majhi ....

Petitioner Mr. Himanshu Bhusan Dash, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE CHITTARANJAN DASH Order No.

ORDER

06.12.2022 01.

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

2. By means of this application, the Petitioner seeks grant of bail U/s.438 Cr.P.C. in apprehension of arrest for his alleged involvement in the offences U/s. 498/294/323/506/307/34, I.P.C. and Section 4 of the D.P. Act, in connection with Dhamnagar P.S. Case No.368 of 2022 corresponding to G.R. Case No.665 of 2022 pending in the court of learned J.M.F.C., Dhamnagar.

3. Having regard to the fact that the incident took place on 28th August, 2022 and F.I.R. was lodged on 9th October, 2022 and there is no apparent injury, while this court is not inclined to grant the anticipatory bail, it is directed that in the event the Petitioner surrenders and moves for bail before the learned J.M.F.C., Dhamnagar in the aforesaid G.R. Case within a period of three weeks from today, he shall be allowed to go on bail on such terms and conditions as would be deemed just and proper by the said court, but subject to the condition that the Petitioner shall remit

// 2 // Rs.3,000/- (Rupees Three Thousand) per month to the Informantwife to be paid by 5th of every succeeding month towards temporary monthly personal expenses, without fail and submit acknowledgement thereof before the court in seisin over the matter. This order is also subject to the following further conditions : - (i) The Petitioner shall appear before the I.O. and shall cooperate with the investigation as and when required;

(ii) He shall also appear before the trial court on each date of trial, without fail.

(iii) He shall not threaten, intimidate, terrorise, ill-treat or harass the Informant and her family members as well as the prosecution witnesses in any manner and shall not tamper with the prosecution evidence in any manner whatsoever while on bail. (iv) Violation of any of the conditions shall entail cancellation of bail of the Petitioners.

4. The ABLAPL is disposed of accordingly.

( Chittaranjan Dash ) Judge S.K. Parida