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Orissa High CourtABLAPL/1842/2022allowed

Apanna Sahu v. State Of Odisha

2022-05-11Mr. Justice S.K.Sahoo3 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.1842 of 2022

1. Apanna Sahu

2. Damodar Sahu

3. Subhadra Sahu

4. Kamala Sahu ....

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

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

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

11.05.2022 02.

This matter is taken up through Hybrid arrangement (video conferencing/physical mode). Heard Miss M. Sahoo, 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 Gopalpur P.S. Case No.25 of 2022 corresponding to G.R. Case No.286 of 2022 pending in the Court of learned S.D.J.M., Berhampur for alleged commission of offences under sections 294, 323, 341, 307, 34 of the Indian Penal Code.

Perused the F.I.R. annexed to the anticipatory

// 2 // bail application.

Learned counsel for the State on instruction submitted that Anil Sahoo is the sole injured in the case and he has sustained simple injuries.

Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioners and there are no such materials to attract the ingredients of offence under section 307 of the Indian Penal Code the nature of injuries sustained by the injured and petitioner nos. 3 and 4 are ladies and keeping in view the proviso to section 437(1) of Cr.P.C., 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.

// 3 // 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 p