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Orissa High CourtABLAPL/1154/2022allowed

Pratap Kumar Das @ Pratap Das v. State Of Odisha

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

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.1154 of 2022

1. Pratap Kumar Das @ Pratap Das

2. Naibina Das @ Nagendra Das

3. Sankar Das ....

Petitioners Mr. D.K. Sahoo, 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 G.R. Case No.121 of 2022 arising out of Kendrapara Sadar P.S. Case No.27 of 2022 pending in the Court of learned S.D.J.M., Kendrapara for alleged commission of offences under sections 341/294/323/307/379/506/34 of the Indian Penal Code.

// 2 // Perused the F.I.R.

Considering the submissions made by the learned counsel for the petitioners that due to misunderstanding between the parties on account of keeping the vehicle in the weekly market, the dissention arose for which the case has been instituted and the matter has been amicably settled between the parties and there are no such materials against the petitioners so as to attract the ingredients of the offence under section 307 of the Indian Penal Code 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