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Orissa High CourtABLAPL/15248/2022disposed off

Krishna Pada Ray v. State Of Odisha

2022-12-16Mr. Justice Chittaranjan Dash2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 15248 of 2022 Krishana Pada Ray and Others ....

Petitioners Mr. M. R. Badajena, Advocate -versusState of Odisha ....

Opp. Party Mr. Debasis Biswal, ASC

CORAM:

JUSTICE CHITTARANJAN DASH Order No.

ORDER

16.12.2022 03.

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

2. This is an application seeking grant of bail U/s. 438 Cr.P.C. by the Petitioners in apprehension of arrest for their alleged involvement in the offences under Sections 498(A)/376/294/323/506/379/34 of IPC.

3. Learned Counsel for the Petitioners does not want to press the bail application in respect of Petitioner Nos. 3, 4, 5 & 6. Accordingly, the bail application in respect of Petitioner Nos. 3, 4, 5 & 6 is dismissed as not pressed.

4. So far as Petitioner Nos. 1 & 2 is concerned, learned Counsel for the Petitioners submits that Petitioner Nos. 1 & 2 are father and mother respectively. He further submits that the parental members of the complainant are creating disturbances and giving mental pressure to the Petitioners regularly.

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5. Having regard to the 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 MV-79 P.S. Case No.118 of 2022 corresponding to G.S. Case No.542 of 118 pending in the court of learned J.M.F.C., Motu within a period of three weeks hence and move for bail, they 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 Petitioners shall appear in person before the learned court below on each date of posting of the case with further conditions as follows:- (i) The Petitioners shall appear before the I.O. and shall cooperate with the investigation as and when required;

(ii) they shall not threaten, intimidate or terrorize the Informant and her family members;

(iii) they shall not tamper with the prosecution evidence in any manner whatsoever and (iv) they shall not indulge in any other crime of similar nature to the present case, in any manner whatsoever, while on bail. Violation of any of the conditions shall entail cancellation of bail.

6. The ABLAPL is disposed of accordingly.

(Chittaranjan Dash) Judge B.K Sahoo/AKPradhan