Dismissed

Sukesh Mishra v. State of Odisha

Orissa HC21 Dec 2023ABLAPL/8630/2023

Case brief

AI extract

What is this about?

This court rejected the petition for anticipatory bail under Section 438 Cr.P.C. involving offences under the IPC and D.P.Act. The petitioner was directed to surrender within three weeks to secure bail on terms imposed by the relevant magistrate.

What did the court decide?

No anticipatory bail granted; directions to surrender within three weeks for regular bail consideration; condition against harassment of informant.

Sukesh Mishra Vs State of Odisha — Criminal Trial and Appeal | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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ABLAPL No.8630 of 2023

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Sukesh Mishra

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…. Petitioner Mr.R.N.Prusty,Advocate

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-versus-

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State of Odisha

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Opp. Party Mr.K.Gaya, A.S.C.

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CORAM:

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JUSTICE A.K. MOHAPATRA

ORDER

Order No.

21.12.2023

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

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Heard learned counsel for the Petitioner and the learned Additional Standing Counsel. Perused the records.

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This is an application under Section 438 Cr.P.C. filed by the Petitioner for anticipatory bail involving offence punishable under Sections 498-A,294,323,506/34 of the Indian Penal Code read with Section 4 of the D.P.Act..

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It is submitted by the learned counsel for the Petitioner that the allegations made against the Petitioner are false, fabricated and concocted and the offences alleged in the F.I.R. are not made out against the Petitioner.

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Considering the nature of allegations made, gravity of the offence and the surrounding facts of the case, I am not inclined to

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// 2 //

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grant anticipatory bail to the Petitioner. However, it is directed that in the event the Petitioner surrenders before the learned S.D.J.M., Jharsuguda in C.T.Case No.1429 of 2023 arising out of Jharsuguda Sadar P.S.Case No.230 of 2023 within a period of three weeks from today and moves for bail, he shall be released on bail on such terms and conditions as would be deemed just and proper by the learned Magistrate with further condition that the Petitioner while on bail shall not threaten, influence, terrorise or harass the informant and her family members in any manner whatsoever and shall appear before the trial court on each and every date fixed. Violation of condition shall entail cancellation of bail.

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Accordingly, the ABLAPL is disposed of.

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Issue urgent certified copy of this order as per Rules.

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RKS

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( A.K. Mohapatra)
Judge

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Digitally Signed Signed by: RAMESH KUMAR SINGH Reason: Authentication Location: High Court of Orissa Date: 02-Jan-2024 11:38:44

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Signature Not Verified

Sukesh Mishra v. State of Odisha

Case brief

What is this about?

What did the court decide?

Sukesh Mishra v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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