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Orissa High CourtABLAPL/15511/2021allowed

Hulasini Dalsinghray v. State Of Odisha

2022-01-04Mr. Justice S.K.Sahoo2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.15511 of 2021

1. Hulasini Dalsinghray

2. Dipak Dalsinghray ....

Petitioners Mr.B.Tripathy, Advocate -versusState of Odisha ....

Opp. Party Mr.D.K. Pani, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

04.01.2022 01.

This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

Heard learned counsel for the petitioners and learned counsel for the State.

This is an application under section 438 Cr.P.C. for grant of anticipatory bail to the petitioners in connection with Nirakarpur P.S. Case No. 185 of 2021 corresponding to G.R. Case No. 480 of 2021 for commission of alleged offences under sections 498(A), 323, 294, 354/34 I.P.C. read with section 4 of the D.P. Act.

Perused the F.I.R. annexed to the anticipatory bail application.

Considering the submission of the learned counsel for the petitioners that the petitioner no.1 is the mother in-law,

// 2 // petitioner no.2 is the husband's elder brother of the informant (victim) and that the case has been foisted after the order of this Court dated 27.08.2021 was passed in CRLMP No.1413 of 2021, copy of which is annexed to the bail application as Annexure-2 and further submission that the offences are triable by Magistrate and the case arises out of a matrimonial dispute and after hearing the learned counsel for the State, I am inclined to release the petitioners on anticipatory bail and accordingly, this Court directs that in the event of arrest of the petitioners in connection with the aforesaid case, they shall be released on bail on furnishing bail bond of Rs.

10,000/-(rupees ten thousand) each with two sureties each for the like amount to the satisfaction of the arresting officer with further conditions that they shall make themselves available for interrogation by the I.O. as and when required and they shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing any facts to the Courts or to the investigating Officer.

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

The ABLAPL is accordingly disposed of.

Issue urgent certified copy as per Rules.

PKSahoo ( S.K. Sahoo) Judge