Sujata Malla v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.15898 of 2022 Sujata Malla & another ....

Petitioners Mr.Dolagobinda Mohapatra, Advocate -versusState of Odisha ....

Opposite Party Mr.P.C.Das, A.S.C..

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

21.12.2022 Order No.

01.

1.

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

2.

Heard learned counsel for the Petitioners, learned Addl. Standing Counsel for the State. Perused the records. 3.

This is an application under Section 438, Cr.P.C. filed by the Petitioners for anticipatory bail, involving offence punishable under Sections 294, 420/34 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 Petitioners, however it is observed that, in the event the Petitioners surrender and move for bail before the learned ACJ-cum-JMFC-3(Cogn.Taking) Cuttack in G.R.Case No.210 of 2022 arising out of Malgodown P.S.Case No.189 of 2022 within a period of three weeks from today, they 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, but subject to

// 2 // furnishing cash security of Rs.5000/- (Rupees Five thousand) which shall be kept in an interest bearing account in any Nationalised Bank in the name of court in seisin over the matter. While imposing conditions for bail, learned Magistrate shall also impose the following additional conditions - (i) The Petitioners shall not threaten, influence, terrorise or harass the informant in any manner whatsoever while on bail; (ii) The Petitioners shall appear before the I.O. and cooperate with the investigation as and when required.

5.

The ABLAPL is disposed of accordingly.

6.

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