Baneswar Samanta v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 2082 of 2022

1. Baneswar Samanta

2. Maheswar Jana ....

Petitioners Mr. A.N. Samantray, Advocate -versusState of Odisha ....

Opp. Party Mr. J.P. Patra, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO

ORDER

Order No.

15.03.2022 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.136 of 2022 arising out of Ersama P.S. Case No.61 of 2022 pending in the Court of learned J.M.F.C., Erasama for alleged commission of offences under sections 341/324/294/ 307/171-F/506/34 of the Indian Penal Code.

Perused the F.I.R.

// 2 // Considering the submission made by the learned counsel for the petitioners that due to previous dispute between the parties, the case has been foisted and the offences are triable by Magistrate and there are no such materials to attract the ingredients of offence under section 307 of the Indian Penal Code and after going through the injury report of the informant Sk.Astak who has sustained simple injury and on hearing the learned counsel for the State who submitted that charge sheet has already been submitted, 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