Orissa High Court
Chakradhar Senapati vs State Of Odisha ….. Opposite Party on 20 December, 2024
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.11294 of 2024
Chakradhar Senapati ..... Petitioner
Represented By Adv. -
Satyanarayan Mishra
-versus-
State Of Odisha ..... Opposite Party
Represented By Adv. -
Smt. Sasmita Nayak,
ASC
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
20.12.2024
Order No.
02. 1. This matter is taken up through Hybrid mode.
2. Heard learned counsel for the Petitioner and learned
Additional Standing Counsel appearing for the Opposite Party-State.
3. The present application has been filed under Section 438 of
Cr.P.C. by the Petitioner seeking pre-arrest bail in connection with
Jajpur Sadar P.S. Case No.252 of 2022, corresponding to C.T. Case
No.2510 of 2024, pending in the court of learned S.D.J.M., Jajpur,
for alleged commission of offences punishable under Sections 294,
323, 498-A, 506, 34 of I.P.C. read with Section 4 of D.P. Act.
Page 1 of 3.
4. It is stated by learned counsel for the Petitioner that the
Petitioner is the husband of the Informant. He further contended that
after their marriage the Informant deserted the Petitioner since 2014.
Learned counsel for the Petitioner further contended that she fled
away with another person. He further contended that the Informant
has lodged the FIR making false allegation against the Petitioner
and she harass and humiliate the Petitioner. He further contended
that there is no specific allegation of any assault by the present
Petitioner.
5. Considering the nature of allegation, gravity of offence and
the fact of the case, I am not inclined to grant pre-arrest bail to the
Petitioner. However, it is directed that in the event the Petitioner
surrenders before the Court in seisin over the matter within a period
of four weeks from today and moves an application for bail, the
Court in seisin over the matter shall release him 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.
6. The release of the Petitioner shall also be subject to following
conditions:-
i) shall cooperate with the investigation and appear before
the I.O. as and when his presence is required and shall
cooperate with the early conclusion of the investigation;
ii) shall not harass, threaten or terrorize the Informant and
her family members in any manner whatsoever;
Page 2 of 3.
Violation of any of the terms and conditions shall entail
cancellation of bail.
7. Accordingly, the ABLAPL is disposed of.
Urgent certified copy of this order be granted on proper
application.
( Aditya Kumar Mohapatra )
Judge
S.K. Rout
Signature Not Verified
Digitally Signed Page 3 of 3.
Signed by: SANTANU KUMAR ROUT
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 23-Dec-2024 14:33:21
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