Bhimakanta Tarei v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.2424 of 2022

1. Bhimkanta Tarei

2. Ramakanta Tarei ....

Petitioners Mr. J.K. Majhi, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

06.04.2022 02.

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 Balasore Sadar P.S Case No. 64 of 2022 corresponding to C.T. Case No. 193 of 2022 pending in the file of learned J.M.F.C. (R), Balasore for alleged commission of offence under section 52 (a) of the Odisha Excise Act, 2008 read with section 25 of the Arms Act. Learned counsel for the State on instruction

// 2 // submitted that there is no criminal antecedent against any of the petitioners.

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

Considering the submission made by the learned counsel for the petitioners that the offences are triable by Magistrate, the background of the case, the nature of accusation against the petitioners, punishment prescribed for the offence and on hearing the learned counsel for the State, 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

// 3 // entail cancellation of bail.

The ABLAPL is accordingly disposed of.

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

P ( S.K. Sahoo) Judge