Mami Sahoo v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 413 of 2022 Mami Sahoo ....

Petitioner Mr. A.S. Paul, Advocate -versusState of Odisha ....

Opp. Party Mr. A.K. Beura, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO

ORDER

Order No.

01.02.2022 02.

1.

This matter is taken up by video conferencing mode.

2.

Heard learned counsel for the petitioner and learned counsel for the State.

3.

This is an application under section 438 of Cr.P.C. for grant of anticipatory bail to the petitioner in connection with NALCO Township P.S. Case No.275 of 2021 corresponding to G.R. Case No. 1322 of 2021 pending in the Court of learned J.M.F.C., Banarpal for alleged commission of offences under sections 294/323/427/307 of the Indian Penal Code.

4.

Perused the F.I.R. annexed to the anticipatory bail application.

// 2 // 5.

Considering the submissions made by the learned counsel for the petitioner that there was long standing boundary dispute between the parties and that there are no such materials to attract the ingredients of offence under section 307 of the Indian Penal Code and on hearing the learned counsel for the State who submitted that the injured Sudam Charan Dehury has sustained simple injury and the petitioner is a lady, keeping in view the proviso to section 437(1) of Cr.P.C., I am inclined to release the petitioner on anticipatory bail and accordingly, this Court directs that in the event of arrest of the petitioner in connection with the aforesaid case, she shall be released on bail on furnishing bail bond of Rs.

10,000/-(Rupees ten thousand) with two sureties each for the like amount to the satisfaction of the arresting officer with further conditions that she shall make herself available for interrogation by the I.O. as and when required and she shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing any facts to the Courts or to the Investigating Officer. Violation of any of the conditions shall entail cancellation of bail. 6.

The ABLAPL is accordingly disposed of.

7.

Parties may utilize the soft copy of this order available in the High Court's website or print out

// 3 // thereof at par with certified copy in the manner prescribed vide Office Order dated 7th January 2022. ( S.K. Sahoo) Judge P