Chandra Rana v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.1709 of 2022

1. Chandra Rana

2. Jadumani Rani ....

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

Opp. Party Mr.Susamarani Sahoo, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

03.03.2022 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.624 of 2021 arising out of Kantabanji P.S. Case No.304 of 2021 pending in the Court of learned J.M.F.C., Kantabanji for alleged commission of offences under sections 420/370/374/ 34 of the Indian Penal Code read with section 25 of the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979. Perused the F.I.R.

// 2 // Learned counsel for the petitioners submitted that due to non-availability of work in Kantabanji area, some persons were going to work as labourers in Sikandarabad/Hyderabad on their own volition and they were also paid some money and while they were taken to the place of work, they were detained on the way and a false has been foisted against the petitioners, who were working as the agents of the contractor Sundar Kumbhar. He further submitted that the said Sundar Kumbhar has already been granted bail by this Court in ABLAPL No.99 of 2022 as per order dated 28.01.2022 and therefore, the anticipatory bail application of the petitioners may be favourably considered.

Learned counsel for the State opposed the prayer for bail.

Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioners and release of co-accused on bail, 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

// 3 // 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 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