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Orissa High CourtABLAPL/1791/2022allowed

Sk.Khalik @ Sk.Khali v. State Of Odisha

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

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.1791 of 2022

1. Sk. Khalil @ Sk. Khali

2. Sk. Sana ....

Petitioners Mr. A. Mishra, Advocate -versusState of Odisha ....

Opp. Party Mr. J.P. Patra, 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.55 of 2022 arising out of Kendrapara P.S. Case No.06 of 2022 pending in the Court of learned S.D.J.M., Kendrapara for alleged commission of offences under sections 341/323/294/506/34 of the Indian Penal Code.

Perused the F.I.R.

Considering the submissions made by the learned counsel for the petitioners that the offences

// 2 // are triable by Magistrate and the only non-bailable 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 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 such facts to the Court or to the Investigating Officer with further condition that they shall not continue the activities, which is mentioned in the first information report and the Inspector in-Charge of Kendrapara police station shall keep close vigil over the activities of the petitioners. If the petitioners flout any terms and conditions, the prosecuting agency is at liberty to seek appropriate remedy for cancellation of the anticipatory bail order of the petitioners.

Violation of any terms and conditions shall entail cancellation of interim bail.

// 3 // Accordingly, the BLAPL is disposed of.

A free copy of the order be handed over to the learned counsel for the State, which will be forwarded to the Inspector in-charge of Kendrapara police station to do the needful.

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

( S.K. Sahoo) Judge RKM