Barundra Sahu @ Barendra Sahu v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.640 of 2020

1. Barundra Sahu @ Barendra Sahu

2. Muna Sahu ....

Petitioners Mr. S. Mishra, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE S.K. SAHOO

ORDER

11.01.2022 05.

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 Chhendipada P.S. Case No.363 of 2019 corresponding to G.R. Case No.662 of 2019 pending in the Court of learned J.M.F.C., Chhendipada for alleged commission of offences under sections 143/144/147/148/457/294/307/506/149 of the Indian Penal Code read with sections 25 and 27 of the Arms Act.

// 2 // Perused the FIR.

Learned counsel for the petitioners submitted that the main allegation of assault is against coaccused Kuna Sahu and the petitioner no.1 is the father and petitioner no.2 is the younger brother of the said co-accused Kuna Sahu respectively and they have been falsely entangled in the case and therefore, the anticipatory bail application of the petitioners may be favourably considered.

Learned counsel for the State on verification of the case record fairly submitted that the main allegation is against co-accused Kuna Sahu and there are no criminal antecedents against any of the petitioners.

Considering the submissions made by the respective parties, the nature of accusation against the petitioners and since the main allegation is against coaccused Kuna Sahu, 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 anticipatory 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

// 3 // 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 any facts to the Courts 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 prescribed vide Office Order dated 7th January 2022. ( S.K. Sahoo) Judge RKM