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Orissa High CourtABLAPL/2323/2022disposed off

Arata Bhoi v. State Of Odisha

2022-04-06Mr. Justice Sashikanta Mishra3 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.2323 of 2022

1. Arata Bhoi

2. Babuli Bhoi @ Sarat Bhoi

3. Saroj Bhoi ....

Petitioners Mr. P.K. Beura, Advocate -versusState of Odisha ....

Opp. Party Mr. A.K. Beura Addl. Standing Counsel Mr. Manoranjan Das (for informant)

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

06.04.2022 03.

This matter is taken up through Hybrid Arrangement (Video Conferencing/Physical Mode).

Heard learned counsel for the petitioners and learned counsel for the State as well as learned counsel for the informant.

This is an application under section 438 of Cr.P.C. for grant of anticipatory bail to the petitioners in connection with Govindpur P.S. Case No.34 of 2022 corresponding to G.R. Case No.489 of 2022 pending in the Court of learned J.M.F.C. (R). Cuttack for alleged commission of offences under sections 341, 294, 323, 354(B), 379, 506/34 of the Indian

// 2 // Penal Code.

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

Mr. Anam Charan Nayak, the Inspector-in-charge of Govindpur police station is present through virtual mode and he submitted that there is no criminal antecedent against any of the petitioners. He further submitted that he has received instruction from the Medical Officer that the injured has sustained simple injury but he is yet to get medical examination report.

Learned counsel for the informant opposed the prayer for bail.

Considering the submissions of the learned counsel for the respective parties, the nature of accusation against the petitioners and the fact that the offences are triable by Magistrate, 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.

// 3 // The ABLAPL is accordingly disposed of.

Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge P