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Orissa High CourtABLAPL/1145/2022allowed

Mohammad Mosim @ Sk Mosim v. State Of Odisha

2022-02-08Mr. Justice S.K.Sahoo3 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.1145 of 2022

1. Mohammad Mosim @ Sk Mosim

2. Mohammad Samim @ Sk. Samim

3. Mohammad Salim @ Sk.

Salim

4. Mohammad Wasim @ Sk. Osim

5. Mohammad Kasim @ Sk. Kasim ....

Petitioners Mr. C. Behera, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE S.K. SAHOO

ORDER

08.02.2022 01.

Order No.

This matter is taken up through Hybrid Arrangement (Video Conferencing/Physical 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 C.T. Case No.527 of 2022 arising out of Khandagiri P.S. Case No.39 of 2022 pending in the

// 2 // Court of learned S.D.J.M., Bhubaneswar for alleged commission of offences under sections 341/323/294/ 354/448/506/34 of the Indian Penal Code read with section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015.

Perused the F.I.R.

Considering the nature of accusation against the petitioners and the background of the case and absence of any specific overt act against any of the petitioners and the fact that the offences are triable by Magistrate 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.

// 3 // The ABLAPL is accordingly disposed of.

Urgent certified copy of this order be granted on proper application.

( S.K. Sahoo) Judge RKM