The High Court declined to grant anticipatory bail to the petitioner in a case involving Sections 302 and 498-A IPC but granted liberty to surrender within two weeks to move for bail.
Liberty to surrender before the Court below within two weeks of receipt of certified copy, to move for bail and be released on bail conditions.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No. 9648 of 2023
Upasana Mohapatra @ Seema Panda
.…
Petitioner
Mr. P.C. Jena, Adv.
State of Odisha
.…
Opp.Party
Addl. Standing Counsel
CORAM: JUSTICE SASHIKANTA MISHRA
ORDER
20.12.2023
Order No. 1. This matter is taken up through hybrid mode. 2. 2. Heard learned counsel for the petitioner and learned Addl. Standing Counsel for the State. 3. The petitioner is apprehending arrest in connection with Sahadevkhunta P.S. Case No.350 of 2023 corresponding to C.T. Case No.729 of 2023 pending in the Court of learned S.D.J.M., Balasore for the alleged commission of offence under Sections 498-A/302/304-B/34 of IPC read with Section 4 of DP Act. 4. As directed, learned State Counsel has produced the suicide note of the victim. Perusal of the note reveals that not only has she not implicated anyone but also has positively stated that she was very happy with her husband and his family. There is absolutely no allegation of any kind of torture as alleged in the FIR. 5. Considering the above fact, the nature of accusations and also the materials on record, while not being inclined to grant anticipatory bail, the ABLAPL is disposed of granting liberty to the petitioner to surrender before the Court below within two weeks from the date of receipt of certified copy of this order and to move for bail. In such event, he shall be released on bail on such terms and conditions as the Court below may deem fit and proper to impose.
Signature Not Verified
Digitally Signed Signed by: ASHOK KUMAR BEHERA Designation: ADR-cum-Addl. Principal Secretary Reason: Authentication Location: High Court Orissa, Cuttack Date: 21-Dec-2023 18:27:44 AKB/AKRana
( Sashikanta Mishra) Judge
Page 1 of 1
2 issues framed by the court
Whether anticipatory bail should be granted to the petitioner apprehending arrest under Section 302 IPC.
Whether liberty to surrender and move an application for bail can be granted when anticipatory bail is declined.
Upasana Mohapatra @ Seema Panda
State of Odisha
Sashikanta Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
