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Orissa High CourtABLAPL/15049/2022disposed off

Asish Kumar Mishra @ Ashish Kumar Mishra v. State Of Odisha

2022-12-13Mr. Justice Chittaranjan Dash2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 15049 of 2022 Asish Kumar Mishra @ Ashish Kumar Mishra ....

Petitioner Mr. S. S. Mohapatra, Advocate -versusState of Odisha ....

Opp. Party Mr. S. Patra, ASC

CORAM:

JUSTICE CHITTARANJAN DASH Order No.

ORDER

13.12.2022 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 apprehension of arrest for his alleged involvement in the offences U/s. 498(A)/323 of IPC.

3. Learned counsel for the Petitioner submits that after 9 years of marriage, the Informant left the matrimonial house of the Petitioner and filed a divorce petition against him.

4. Keeping in view the fact and circumstances, nature of allegations as emerged from the materials on record, the circumstances appearing, the seriousness and gravity of the offences, it is directed that in the event the Petitioners surrender and move for bail in connection with Airfield P.S. Case No.339 of 2018 corresponding to C.T. Case No.4809 of 2018 pending in the court of learned

// 2 // S.D.J.M. Bhubaneswar within a period of three weeks hence and move for bail, he shall be allowed to go on bail on such terms and conditions as would be deemed just and proper by the said court with further conditions that the Petitioner shall appear in person before the learned court below on each date of posting of the case with further conditions 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 threaten, intimidate or terrorize the Informant in any manner whatsoever and (iii) he shall not tamper with the prosecution evidence in any manner whatsoever;

Violation of any of the conditions shall entail cancellation of bail.

5. The ABLAPL is disposed of accordingly.

(Chittaranjan Dash) Judge B.K Sahoo/AKPradhan