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Orissa High CourtABLAPL/1765/2022allowed

Deepak Naik @ Dipak Naik v. State Of Odisha

2022-03-03Mr. Justice S.K.Sahoo3 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 1765 of 2022

1. Deepak Naik @ Dipak

2. Hunda Naik @ Shidhanta Naik

3. Antaryami Naik

4. Rudra Naik ....

Petitioners Mr.M.K. Panda, Advocate -versusState of Odisha ....

Opp. Party Mr. D.K. Mishra Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO

ORDER

Order No.

03.03.2022 01.

This matter is taken up through Hybrid Arrangement (Video Conferencing/Physical Mode). Heard the 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 Dhenkanal Sadar P.S. Case No. 73 of 2022 corresponding to G.R. Case No.165 of 2022 pending in the Court of learned S.D.J.M., Dhenkanal for commission of alleged offences under sections 341, 294, 323, 448, 427, 506/34 of the Indian Penal Code.

// 2 // Perused the F.I.R. annexed to the anticipatory bail application.

Considering the submissions made by the learned counsel for the petitioners that the petitioners and the informant belong to one family and there was existence of civil dispute between the parties 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 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.

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

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

p ( S.K. Sahoo) Judge