← Library
Orissa High CourtABLAPL/15223/2022disposed off

Sumit Kumar Das v. State Of Odisha

2022-12-16Mr. Justice Chittaranjan Dash2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.15223 of 2022 Sumit Kumar Das and another .... Petitioners Mr. Debasis Samal, Advocate -versusState of Odisha ....

Opp. Party Mr. Debasis Biswal, ASC

CORAM:

JUSTICE CHITTARANJAN DASH Order No.

ORDER

16.12.2022 01.

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

2. This is an application for bail U/s.438 Cr.P.C. filed by the Petitioners in apprehension of arrest for their alleged involvement in the offences U/s.498-A/294/506/313/34 IPC read with Section 4 of the D.P. Act.

3. Learned counsel for the Petitioners submits that subsequent to the filing of C.P. Case No.582 of 2022 under Section 12(1)(a) of the Hindu Marriage Act seeking divorce, the present FIR has been filed by the Informant.

4. Considering the aforesaid facts and the present Petitioners are residing away from the State, while this Court is not inclined to grant anticipatory bail, it is directed that in the event the Petitioners surrender in connection with Balasore Town P.S. Case No.199 of

// 2 // 2022 corresponding to C.T. Case No.897 of 2022 pending in the court of learned S.D.J.M., Balasore within a period of two weeks' hence and move for bail, they shall be released on such terms and conditions as would be deemed just and proper by the said court with further conditions that they 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 they shall appear before the IO as and when required, shall not threaten or intimidate the Informant party in any manner whatsoever and shall cooperate with the investigation. Violation of any of the conditions shall entail cancellation of bail of the Petitioners. The ABLAPL is disposed of.

(Chittaranjan Dash) Judge KC Bisoi