Mamoni Chakrabarty v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.516 of 2022 Mamoni Chakraborty ....

Petitioner Mr.T.K. Mishra, Advocate -versusState of Odisha ....

Opp. Party Mr.J.P.Patra, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

02.02.2022 01.

This matter is taken up through video conferencing mode.

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

This is an application under section 438 of Cr.P.C. for grant of anticipatory bail to the petitioner in connection with Raighar P.S. Case No.01 of 2022 corresponding to G.R. Case No. 04 of 2022 pending in the Court of learned NGN -cum-J.M.F.C., Raighar for the commission of the alleged offences punishable under sections 341, 294, 506, 385 of the Indian Penal Code.

Learned counsel for the petitioner submitted that the informant was dealing with the business of

// 2 // domestic animals in the locality and she used to cheat the local tribal people and false allegation has been made that on the demand made by the petitioner, the informant has paid Rs.10,000/- to him. Learned counsel further submitted that the offences are triable by Magistrate and the only non-bailable offence is under section 506 of the Indian Penal Code and therefore, the anticipatory bail application may be favourably considered.

Learned counsel for the State opposed the prayer for anticipatory bail.

Considering the submissions made by the learned counsel for the respective parties, the background of the case and the fact that the offences are triable by Magistrate and the only non-bailable offence is under section 506 of the Indian Penal Code and 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

// 3 // 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