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Orissa High CourtABLAPL/15441/2022disposed off

Binod Kumar Dakua v. State Of Odisha

2022-12-19Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.15441 of 2022 Binod Ku.Dakua ....

Petitioner Mr.Debasis Mishra, Advocate -versusState of Odisha ....

Opposite Party Mr.P.K.Rout, A.G.A.

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

19.10.2022 Order No.

01.

1.

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2.

Heard learned counsel for the Petitioner, learned Addl. Government Advocate for the State. Perused the records. 3.

This is an application under Section 438, Cr.P.C. filed by the Petitioner for anticipatory bail, involving offence punishable under Sections 498-A, 294, 323, 506 of the Indian Penal Code. 4.

Considering the seriousness of the allegation, gravity of the offence and the facts of the case, although I am not inclined to grant anticipatory bail to the Petitioner, however it is observed that, in the event the Petitioner surrenders and moves for bail before the learned J.M.F.C., Buguda in G.R.Case No.652 of 2022 arising out of Buguda P.S.Case No.667 of 2022 within a period of three weeks from today, he shall be released on bail on such terms and conditions as the learned Magistrate may deem just and proper in the facts and circumstances of the case.

// 2 // While imposing conditions for bail, learned Magistrate shall also impose the following additional conditions - (i) The Petitioner shall not influence, threaten, terrorise or harass the informant and her family members in any manner whatsoever.

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

5.

The ABLAPL is disposed of accordingly.

6.

Urgent certified copy of this order be granted as per rules. (A.K. Mohapatra) Judge RKS