Omm Prasad Dash v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 1642 of 2022

1. Omm Prasad Dash

2. Narayan Dash

3. Pratima Dash @ Gitanjali Dash ....

Petitioners Mr.B.K. Nayak, Advocate -versusState of Odisha ....

Opp. Party Mr. A.K. Beura Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO

ORDER

Order No.

28.02.2022 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 G.R. Case No.42 of 2022 arising out of Balanga P.S. Case No.08 of 2022 pending in the Court of learned J.M.F.C., Nimapara for alleged commission of offences under sections 323/506 of the Indian Penal Code.

// 2 // Perused the F.I.R.

Considering the submission made by the learned counsel for the petitioners that the petitioner no.2 is the brother of the informant and petitioner no.1 is the son of petitioner no.2 and petitioner no.3 is the wife of petitioner no.2 and due to civil dispute between the parties, the case has been foisted and the offences are triable by Magistrate, the only nonbailable offence is under section 506 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 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 Investigating Officer.

Violation of any of the above conditions shall entail cancellation of bail.

// 3 // The ABLAPL is accordingly disposed of.

Urgent certified copy of this order be granted on proper application.

p ( S.K. Sahoo) Judge