Pramod Kumar Mallick v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.2305 of 2022

1. Pramod Kumar Mallick

2. Pramodini Mallick ....

Petitioners Mr. S.K. Das, Advocate -versusState of Odisha ....

Opp. Party Mrs. Susamarani Sahoo Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

23.03.2022 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 Infocity P.S. Case No.49 of 2022 corresponding to C.T Case No.1082 of 2022 pending before the learned S.D.J.M., Bhubaneswar for commission of alleged offences under sections 341, 342, 294, 323, 383, 307, 506/34 of the Indian Penal Code.

Perused the F.I.R.

Considering the submissions made by the

// 2 // learned counsel for the petitioners that petitioner no.2 is a lady and similarly situated co-accused persons have been released on anticipatory bail in ABLAPL No.2011 of 2022 as per order dated 15.03.2022, keeping in view the proviso to section 437(1) of Cr.P.C., I am inclined to release the petitioner no.2 on anticipatory bail and accordingly, this Court directs that in the event of arrest of petitioner no.2 Pramodini Mallick in connection with the aforesaid case, she shall be released on bail on furnishing bail bond of Rs.10,000/-(rupees ten thousand) with two sureties each for the like amount to the satisfaction of the arresting officer with further conditions that she shall make herself available for interrogation by the I.O. as and when required and she 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.

So far as petitioner no.1 Pramod Kumar Mallick is concerned, taking into account the nature of overt act alleged against him, while not inclining to grant anticipatory bail to petitioner no.1, it is observed that in the event petitioner no.1 Pramod Kumar Mallick surrenders in the Court below within a period of four weeks from today and moves for bail, the same shall

// 3 // be disposed of as expeditiously as possible by the Courts below in accordance with law and the claim of parity with the co-accused persons, who are stated to have been released on bail, shall be taken into account at the time of adjudication of the bail application. 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