Laxmidhara Sethy v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.2109 of 2022

1. Laxmidhara Sethy

2. Rabindra Sethy

3. Niranjan Sethy

4. Radhu Sethy

5. Jagannatha Sethy

6. Arjun Sethy ....

Petitioners Mr. S. Mohanty, Advocate -versusState of Odisha ....

Opp. Party Mr. A.K. Beura, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

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.256 of 2022 arising out of Balikuda P.S. Case No.73 of 2022 pending in the Court of learned S.D.J.M., Jagatsinghpur for alleged commission of offences under sections 506/336/341/435/307/34 of the Indian Penal Code.

Perused the F.I.R.

// 2 // In view of the nature and gravity of the accusation against petitioner no.1 Laxmidhara Sethy and petitioner no.5 Jagannatha Sethy, I am not inclined to grant them anticipatory bail. Accordingly, their prayer for anticipatory bail stands rejected.

So far as petitioner no.2 Rabindra Sethy, petitioner no.3 Niranjan Sethy, petitioner no.4 Radhu Sethy and petitioner no.6 Arjun Sethy are concerned, in absence of any specific overt act against them, I am inclined to release them on anticipatory bail. Accordingly, this Court directs that in the event of arrest of petitioner no.2 Rabindra Sethy, petitioner no.3 Niranjan Sethy, petitioner no.4 Radhu Sethy and petitioner no.6 Arjun Sethy 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. Violation of any of the above conditions shall entail cancellation of bail.

So far as petitioner no.1 Laxmidhara Sethy and petitioner no.5 Jagannatha Sethy are concerned, it is observed that in the event they surrender in the Court below and move for bail before the learned Court below within a period of four weeks from today, the same shall

// 3 // be disposed of as expeditiously as possible by the Courts below in accordance with law. The case records shall be made available to the Court concerned.

The ABLAPL is accordingly disposed of.

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

( S.K. Sahoo) Judge RKM