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Orissa High CourtABLAPL/1621/2022allowed

Sarojini Palei @ Dei v. State Of Odisha

2022-02-23Mr. Justice S.K.Sahoo3 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.1621 of 2022

1. Sarojini Palei @ Dei

2. Sk. Mansur Ali Rahaman @ Sk. Mansur Rahaman @ China

3. Khairun Bibi ....

Petitioners Mr. J. Behera, Advocate -versusState of Odisha ....

Opp. Party Mr. Arupananda Das, Addl. Government Advocate

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

23.02.2022 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 Banpur P.S. Case No.11 of 2022 corresponding to G.R. Case No.10 of 2022 pending in the Court of learned J.M.F.C., Banpur for alleged commission of offences under sections 498/341/294/ 323/506/34 of the Indian Penal Code.

Perused the FIR.

// 2 // Learned counsel for the petitioners submitted that the main allegation is against co-accused Muna Palei and petitioner no.1 is the mother of the said coaccused and petitioners nos.2 and 3 are the covillagers of co-accused Muna Palei and they have been falsely entangled in the case and the offences are triable by Magistrate and therefore, the anticipatory bail application of the petitioners may be favourably considered.

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

Considering the nature of overt act alleged against the petitioners and, particularly, petitioners nos.1 and 3 are ladies, keeping in view the proviso to section 437(1) Cr.P.C., I am inclined to release all 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 anticipatory 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

// 3 // Investigating Officer.

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