Papu Biswal @ Debadatta v. State Of Odisha
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- Para 66. Accordingly, the ABLAPL is disposed of. Urgent certified copy of this order be granted on proper application. ( Aditya Kumar Mohapatra) Judge Debasis Signature Not Verified Digitally Signed Signed by: DEBASIS AECH Reason: Authentication Location: ORISSA HIGH COURT Date: 04-Sep-2024 10:16:25 Page 2 of…
Judgment
Mr. Samaresh Jena, ASC CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA Order No. ORDER 03.09.2024
#1. This matter is taken up through Hybrid Arrangement (Virtual/ Physical Mode).
#2. Heard learned counsel for the Petitioners and learned Additional Standing Counsel appearing for the State-Opposite Party.
#3. The present application has been filed under Section 438 of Cr.P.C by the Petitioners seeking pre-arrest bail in connection with G.R. Case No.536 of 2024, arising out of Balugaon P.S. Case No.0236 of 2024, pending in the court of learned J.M.F.C., Chilika, for alleged commission of offences punishable under Sections 498- A/294/323/313/420/506/406/34 of I.P.C. read with Section 4 of D.P. Act.
#4. It is stated by the learned counsel for the Petitioners that the Petitioners are in-laws family members of the Informant. He further Page 1 of 1. submitted that they have falsely implicated in the present case. Further, referring to the allegation made in the F.I.R., learned counsel for the Petitioner submitted that the allegation have been exaggerated as there exists matrimonial dispute between the husband and wife.
#5. Taking into consideration the seriousness and gravity of the allegation, it is directed that in the event the Petitioners surrender before the Court in seisin over the matter within a period of three weeks from today and move an application for bail, the Court in seisin over the matter shall release them on bail in connection with the aforesaid case on such terms and conditions as it may deem just and proper in the facts and circumstances of the case. The release of the Petitioners shall also be subject to the conditions that they shall cooperate with the investigation and shall appear before the I.O. as and when their presence is required for the purpose of investigation; they shall appear before the trial court on each and every date of posting of the case; and they shall not harass/threaten/terrorize the Informant in any manner whatsoever while on bail. Violation of any of the terms and conditions shall entail cancellation of bail.
#6. Accordingly, the ABLAPL is disposed of. Urgent certified copy of this order be granted on proper application. ( Aditya Kumar Mohapatra) Judge Debasis Signature Not Verified Digitally Signed Signed by: DEBASIS AECH Reason: Authentication Location: ORISSA HIGH COURT Date: 04-Sep-2024 10:16:25 Page 2 of 2.
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