Pradeep Kumar Majhi v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.2219 of 2022

1. Pradeep Kumar Majhi

2. Lalit Mohan Majhi ....

Petitioners Mr. M. Das, Advocate -versusState of Odisha ....

Opp. Party Mr. P.K. Mohanty, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

22.03.2022 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 of Cr.P.C. for grant of anticipatory bail to the petitioners in connection with Sarangada P.S. Case No.19 of 2022 corresponding to C.T. Case No.83 of 2022 pending in the Court of learned S.D.J.M., Balliguda for alleged commission of offences under sections 341, 323, 506, 34 of the Indian Penal Code.

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

// 2 // Learned counsel for the petitioners files the counter F.I.R. copy in Court today which is taken on record.

Learned counsel for the petitioners submitted that due to political dispute between the parties, the case has been foisted and all the offences are triable by Magistrate and the offence under section 506 of the Indian Penal Code is the only non-bailable offence and it is a case and counter case and after hearing the learned counsel for the State who submitted that nobody has sustained any injury, 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.

The ABLAPL is accordingly disposed of.

// 3 // Urgent certified copy of this order be granted on proper application.

( S.K. Sahoo) Judge P