Quashed

Rina Swain v. State of Odisha

Orissa HC28 Jul 2022ABLAPL/8478/2022

Case brief

AI extract

What is this about?

The High Court of Orissa rejected an application for anticipatory bail filed under Section 438 Cr.P.C. regarding a false implication charge. The petitioner was directed to surrender within three weeks to obtain bail on specific conditions, including restrictions on threatening the informant and attending investigation proceedings.

What did the court decide?

Refused anticipatory bail; ordered surrender within three weeks to obtain bail on specific conditions regarding behaviour and court attendance.

Rina Swain Vs State of Odisha — Cheating and Forgery | Orissa HC (2022)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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ABLAPL No.8478 of 2022

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Rina Swain

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…. Petitioner

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Mr. P.K. Mohapatra , Advocate

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-versus-

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State of Odisha

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…. Opp. Party Mr. M.K. Mohanty, A.S.C.

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CORAM:

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JUSTICE A.K. MOHAPATRA

ORDER

Order No.

28.07.2022

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

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

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

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The petitioner is seeking pre-arrest bail in connection with G.R. Case No.985 of 2022, arising out of Angul P.S. Case No.367 of 2022 pending in the court of learned S.D.J.M., Angul for commission of offence punishable under Sections 468/471/420/34, I.P.C.

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It is submitted learned counsel for the petitioner that the petitioner is a lady and she has been falsely implicated in the present case.

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Considering the nature of allegation, gravity of offence and the fact of the case, I am not inclined to grant anticipatory bail to the petitioner. However, it is directed that in the event the petitioner

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// 2 //

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surrender before the learned court in seisin over the matter within a period of three weeks from today in the aforesaid case, she shall be released on bail on such terms and conditions as would be deemed just and proper with further conditions that petitioner shall not harass, torture, threaten or terrorize the informant and his/her family members in any manner whatsoever, she shall cooperate with the Investigating Officer as when required for the purpose of investigation and she shall not default in attendance of the court during trial on each date of posting.

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Violation of any of the terms and conditions shall entail cancellation of bail.

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It is open for the court in seisin over the matter to impose other conditions as may be deemed just and proper.

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Accordingly, the ABLAPL is disposed of.

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

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( A.K. Mohapatra) Judge

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Jagabandhu

Rina Swain v. State of Odisha

Case brief

What is this about?

What did the court decide?

Rina Swain v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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