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Orissa High CourtABLAPL/862/2022allowed

Dharmananda Sahu v. State Of Odisha

2022-02-03Mr. Justice S.K.Sahoo3 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.862 of 2022

1. Dharmananda Sahu

2. Pitambar Sahu

3. Sidheswar Sahu

4. Srinibas Sahu

5. Baren Kumar Sahu @ Baren Sahu ....

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

Opp. Party Mrs. Susamarani Sahoo Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

03.02.2022 01.

This matter is taken up through video conferencing 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 Baisinga P.S. Case No. 319 of 2021 corresponding to C.T. Case No. 825 of 2021 pending in the Court of learned J.M.F.C., Betnoti for commission of alleged offences under sections 341, 294, 353, 354, 336, 286, 506/34 of the Indian Penal

// 2 // Code, section 5 of the Odisha Fire Works and Louder Speaker (Regulation) Act, 1958 and section 9-B of the Explosives Act, 1884.

Perused the F.I.R. annexed to the anticipatory bail application.

Considering the submissions made by the learned counsel for the petitioners that the petitioners have not been named as accused in the F.I.R. and the F.I.R. named accused persons have already been granted anticipatory bail by this Court in ABLAPL No. 14982 of 2021 as per order dated 11.12.2021 and further taking into account the background of the case 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 any facts to the Courts or to the Investigating Officer.

Violation of any of the above conditions shall

// 3 // 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