Somanath Bhoi v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.1159 of 2022

1. Somanath Bhoi

2. Raghunath Bhoi ....

Petitioners Mr. P.K. Sahoo, Advocate -versusState of Odisha ....

Opp. Party Mrs.Susamarani Sahoo, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

20.04.2022 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 Mancheswar P.S. Case No.11 of 2022 corresponding to C.T. Case No. 223 of 2022 pending in the Court of learned S.D.J.M., Bhubaneswar for commission of alleged offences under sections 341, 323, 326, 354, 294, 506/34 of the Indian Penal Code.

Learned counsel for the petitioners submitted that it is a case and counter case and one of the co-accused, namely, Krushna Chandra Bhoi was taken into custody and he has been granted bail. He further submitted that the offences are

// 2 // triable by Magistrate and therefore, the anticipatory bail application may be favourably considered. The bail order copy in respect of the co-accused filed by the learned counsel for the petitioners is taken on record.

Learned counsel for the State opposed the prayer for anticipatory bail.

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 and the fact that the offences are triable by Magistrate, 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.

PKSahoo ( S.K. Sahoo) Judge

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