Santosh Kumar Sethy @ Sethi v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.1491 of 2022
1. Santosh Kumar Sethy @ Sethi
2. Basanti Sethy @ Sethi ....
Petitioners Mr. S.K. Mahanty, Advocate -versusState of Odisha ....
Opp. Party Mr. J.P. Patra, 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 Bhanjanagar P.S. Case No.77 of 2021 corresponding to G.R. Case No.208 of 2021 pending in the Court of learned S.D.J.M., Bhanjanagar for alleged commission of offence under section 506/34 of the Indian Penal Code.
Perused the F.I.R.
Learned counsel for the petitioners submitted that the petitioners are the parents of the main
// 2 // accused Aswani Kumar Sethy and in the meantime, on completion of investigation, charge sheet has been submitted against the petitioners only under section 506/34 of the Indian penal Code and therefore, the anticipatory bail application of the petitioners may be favourably considered.
Learned counsel for the petitioners files the copy of the charge sheet, which 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 and since charge sheet has been submitted against the petitioners under section 506/34 of the Indian Penal Code, 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 one surety 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
// 3 // or to the Investigating Officer and with further conditions that they shall not try to keep any contact with the victim and they shall cooperate with the investigation.
Violation of any of the above conditions shall entail cancellation of bail.
The ABLAPL is accordingly disposed of.
Urgent certified copy of this order be granted on proper application.
( S.K. Sahoo) Judge RKM