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Orissa High CourtABLAPL/1169/2022allowed

Rajendra Prasad Satapathy@Rajendra Satapathy v. State Of Odisha

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

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 1169 of 2022

1. Rajendra Prasad Satapathy @ Rajendra Satapathy

2. Ramesh Chandra Satapathy

3. Tara Prasad Satapathy ....

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

Opp. Party Mr. J.P. Patra Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO

ORDER

Order No.

08.02.2022 01.

This matter is taken up through Hybrid Arrangement (Video Conferencing/Physical Mode). Mr. Susanta Kumar Behera, learned counsel files vakalatnama on behalf of the informant in Court today which is taken on record.

Learned counsel for the petitioners submitted that the case is now pending before the learned Addl. Sessions Judge -cum- Special Judge, Chatrapur in G.R. Case No.10 of 2022 arising out of Purusottampur

// 2 // P.S. Case No.59 of 2022.

Heard learned counsel for the petitioners, learned counsel for the State and learned counsel for the informant.

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.10 of 2022 arising out of Purusottampur P.S. Case No.59 of 2022 pending in the Court of learned Addl. Sessions Judge -cum- Special Judge, Chatrapur for alleged commission of offences under sections 294/341/323/34 of the Indian Penal Code read with section 3(1)(r)(s) (1)(B)/3(2)(va) of SC and ST (PoA) Act.

Perused the F.I.R.

Considering the submissions of learned counsel for the petitioners that the case arises out of political dispute between the parties and there are no such materials to attract the ingredients of the offence under section 3 of the S.C. and S.T. (PoA) Act and section 18 of the said Act is not a bar to entertain this anticipatory bail application and after hearing the learned counsel for the State as well as the informant, 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

// 3 // 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 conditions shall entail cancellation of bail.

The ABLAPL is accordingly disposed of.

Urgent certified copy of this order be granted on proper application. s p ( S.K. Sahoo) Judge