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Orissa High CourtABLAPL/762/2022allowed

Lili Behera@ Chanda Sethi v. State Of Odisha

2022-04-21Mr. Justice S.K.Sahoo2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.762 of 2022

1. Lili Behera @ Chanda Sethi

2. Arun Sethi @ Jena ....

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

Opp. Party Mr.A.K. Beura, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

21.04.2022 02.

This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

Heard the 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 Nayapali P.S. Case No.521 of 2021 corresponding to C.T. Case No. 6137 of 2021 pending in the Court of learned S.D.J.M., Bhubaneswar for commission of alleged offences under sections 451, 341, 325, 307, 506/34 of the Indian Penal Code.

Learned counsel for the petitioners submitted that the main allegation of assault is against the co-accused persons, namely, Manoj Sethi and Jitendra Sethi @ Jitu Sethi and they have already been released on bail by the learned 2nd Addl. Sessions Judge, Bhubaneswar in B.A. No. 2387 of 2021 as per order dated

// 2 // 25.11.2021. He has annexed the copy of the bail order passed in respect of the co-accused persons with the anticipatory bail application. He however, pointed out from the bail order that the injury report of the injured persons indicates that the injuries on the person of the injured are simple in nature.

Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioners, release of the co-accused on bail, 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 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.

Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge PKSahoo