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Orissa High CourtABLAPL/603/2020allowed

Pradeep Sahoo v. State Of Odisha

2022-01-11Mr. Justice S.K.Sahoo3 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.603 of 2020

1. Pradeep Sahoo

2. Rajesh Bhutia ....

Petitioners Mr. B.B. Routray, Advocate -versusState of Odisha ....

Opp. Party Mr. D.K. Pani, Addl. Standing Counsel

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.22 of 2020 arising out of Talcher P.S. Case No.09 of 2020 pending in the Court of learned S.D.J.M., Talcher for alleged commission of offence under section 379/34 of the Indian Penal Code.

Perused the F.I.R.

Considering the submission made by the learned counsel for the petitioners that the petitioner

// 2 // no.1 is the driver and petitioner no.2 is the owner of the offending truck and the offence is triable by Magistrate and there is no criminal antecedent against the petitioner no.2 and on hearing the learned counsel for the State, who submitted that petitioner no.1 has got one criminal antecedent but that to under section 498-A of the Indian Penal Code, 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.

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

// 3 // prescribed vide Office Order dated 7th January 2022. ( S.K. Sahoo) Judge RKM