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Orissa High CourtABLAPL/1475/2022allowed

Upa Ratei v. State Of Odisha

2022-02-22Mr. Justice S.K.Sahoo2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.1475 of 2022

1. Shri Upa Ratei

2. Shri Kumarmani Ratei ....

Petitioners @ Kumar

3. Sri Prabhakar Ratei @ Prabha

4. Shri Hari Ratei Mr. T.K. Sahu, Advocate -versusState of Odisha ....

Opp. Party Mr. D.K. Pani, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

22.02.2022 01.

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 Sindhekela P.S. Case No. 06 of 2022 corresponding to G.R. Case No.17 of 2022 pending in the Court of learned S.D.J.M., Titilagarh for commission of alleged offences under sections 341, 323, 354/34 of the Indian Penal Code.

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

// 2 // Considering the submission made by the learned counsel for the petitioners that the petitioners and the informant belong to the same locality and there was previous dispute between the parties, it is a case and counter case, the offences are triable by Magistrate and the only non-bailable offence is one under section 354 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 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.

( S.K. Sahoo) Judge PKSahoo