Kabua @ Kaburam Behera v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.573 of 2020
1. Kabua @ Kaburam Behera
2. Abua @ Abhiram Behera ....
Petitioners Mr. S.K. Pattanaik, Advocate -versusState of Odisha ....
Opp. Party Mr. Arupananda Das, Addl. Government Advocate
CORAM:
JUSTICE S.K. SAHOO
ORDER
11.01.2022 03.
Order No.
This matter is taken up by video conferencing mode.
Heard learned counsel for the petitioners and learned counsel for the State.
This is an application under section 438 Cr.P.C. for grant of anticipatory bail to the petitioners in connection with G.R. Case No.11 of 2020 arising out of Pipili P.S. Case No.05 of 2020 pending in the Court of learned J.M.F.C., Pipili for alleged commission of offences under sections 341/294/324/307/379/506/34 of the Indian Penal Code.
Perused the F.I.R.
// 2 // Learned counsel for the State on instruction submitted that there is only one injured in the case and he has sustained simple injury.
Considering the submission made by the learned counsel for the petitioners that due to civil dispute between the parties, the case has been foisted and there are no such materials against the petitioners so as to attract the ingredients of the offence under section 307 of the Indian Penal Code and on hearing the learned counsel for the State, I am inclined to release the petitioners on anticipatory bail and accordingly, this Court directs that in the event of arrest of the petitioners in connection with the aforesaid case, they shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) each with two sureties each for the like amount to the satisfaction of the arresting officer with further conditions that they shall make themselves available for interrogation by the I.O. as and when required and they 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 such facts to the Court or to the Investigating Officer.
Violation of any of the above conditions shall entail cancellation of bail.
The ABLAPL is accordingly disposed of.
// 3 // 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 RKM