Sanjukta Jena v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.437 of 2022 Sanjukta Jena ....
Petitioner Mr.J. Kamila, Advocate -versusState of Odisha ....
Opp. Party Mr.D.K. Pani, Addl. Standing Counsel Mr.P.K.Mohanty, Advocate (for the informant)
CORAM:
JUSTICE S.K. SAHOO Order No.
ORDER
01.02.2022 01.
This matter is taken up through video conferencing mode.
Heard the learned counsel for the petitioner and learned counsel for the State as well as learned counsel for the informant.
This is an application under section 438 of Cr.P.C. for grant of anticipatory bail to the petitioner in connection with Biridi P.S. Case No.09 of 2022 corresponding to G.R. Case No. 49 of 2022 pending in the Court of learned S.D.J.M., Jagatsinghpur for the commission of the alleged offences punishable under sections 341, 323, 294, 354-B, 307, 506/34 of the Indian Penal Code.
// 2 // Learned counsel for the petitioner submitted that the petitioner is a lady and is serving as a Government teacher in Sankarpur Primary School, Sankarpur in the district of Jagatsinghpur and due to previous dispute between her and the informant, the present case has been foisted and there are no such materials to attract the ingredients of the offence under section 307 of the Indian Penal Code and therefore, the anticipatory bail application may be favourably considered.
Learned counsel for the State, on the other hand, opposed the prayer for anticipatory bail and submitted that the injured has sustained simple injuries.
Learned counsel for the informant, on the other hand, submitted that on account of the assault during the course of occurrence, the informant has sustained partial paralysis.
Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioner and keeping in view the proviso to section 437(1) of Cr.P.C. and on hearing the learned counsel for the State, 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
// 3 // 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.
The ABLAPL is accordingly disposed of.
Parties may utilize the soft copy of this order available in the High Court's website or print out thereof at par with certified copy in the manner prescribed vide office order dated 7th January 2022. ( S.K. Sahoo) Judge PKSahoo