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Anita Manjari Dash Vs State of Odisha — Anticipatory Bail | Orissa HC (2022)

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Orissa HC
2022
Anita Manjari Dash Vs State of OdishaAnita Manjari Dash v. State of Odisha

Dismissed

Anita Manjari Dash v. State of Odisha

Orissa HC22 Jul 2022ABLAPL/7767/2022

Case brief

AI extract

What is this about?

The High Court of Orissa dismissed an application for anticipatory bail under Section 438 Cr.P.C. Refusing pre-arrest bail due to the nature of allegations and gravity of the offence under Sections 506/34 IPC, the court directed that bail would be granted if petitioners surrender within three weeks on just terms.

What did the court decide?

Bail refused. Direction for bail granted upon surrender within three weeks.

What the court decided

AI extract

Outcome

Bail refused. Direction for bail granted upon surrender within three weeks.

Issue for consideration

Whether anticipatory bail should be granted to the petitioners under Section 438 Cr.P.C. in connection with offences under Sections 506/34 IPC? +1 more

Detailed headnote1 paragraphs

Application for anticipatory bail under Section 438 Cr.P.C. dismissed. The court held that considering the nature of allegations and gravity of the offence under Sections 506/34 IPC, anticipatory bail is not inclined. However, bail will be granted if petitioners surrender within three weeks on terms deemed just and proper.

A compact analysis

This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.

A

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.7767 of 2022

Anita Manjari Dashand another …. Petitioners

Mr. D.K. Mohanty , Advocate

-versus-

State of Odisha

CORAM:

JUSTICE A.K. MOHAPATRA

ORDER

Order No.

22.07.2022

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

Heard learned counsel for the petitioners and learned Additional Standing Counsel for the State.

This is an application under Section 438, Cr.P.C. filed by the petitioners for anticipatory bail.

The petitioners seeking pre-arrest bail in connection with G.R. Case No.776 of 2022, arising out of Markat Nagar P.S. Case No.109 of 2022 pending in the court of learned S.D.J.M., Cuttack for commission of offence punishable under Sections 506/34, I.P.C.

It is submitted by learned counsel for the petitioners that the petitioners have been falsely implicated in the present case.

Considering the nature of allegation, gravity of offence and the fact of the case, I am not inclined to grant anticipatory bail to the petitioners. However, it is directed that in the event the petitioners surrender before the learned court in seisin over the matter within a period of three weeks from today in the aforesaid case, they shall be

// 2 //

released on bail on such terms and conditions as would be deemed just and proper.

Accordingly, the ABLAPL is disposed of.

Urgent certified copy of this order be granted on proper application.

Jagabandhu

( A.K. Mohapatra) Judge

Issues for consideration

2 issues framed by the court

AI extract

1.
Whether anticipatory bail should be granted to the petitioners under Section 438 Cr.P.C. in connection with offences under Sections 506/34 IPC?
2.
Whether the petitioners can be granted bail if they surrender within three weeks?

Statutes considered

1 provisions across 1 enactments

AI extract

The Code of Criminal Procedure, 1973438

Parties & counsel

AI extract

petitioner
Anita Manjari Dash
respondent
State of Odisha

Coram

AI extract

A.K. Mohapatra

Case details

As recorded by the court registry

Court: Orissa HC
Decided on: 22 Jul 2022 · July
Registered: 28 Jun 2022
Case no.: ABLAPL/7767/2022
CNR: ODHC010413532022
Topic: Anticipatory Bail
Bench: Aditya Kumar Mohapatra
Disposal: Disposed Off

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Cite this judgement

Anita Manjari Dash v. State of Odisha, ABLAPL/7767/2022 (OD), decided on 22 July 2022.

The High Court of Orissa publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

The Code of Criminal Procedure, 1973438

View all statutes

Bench / Coram

A.K. Mohapatra

Parties & counsel