Pranya Akhouri v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.2450 of 2022

1. Pranya Akhouri

2. Tofan Behera ....

Petitioners Mr.B.B. Routray, Advocate -versusState of Odisha ....

Opp. Party Mr.Arupananda Das, Addl. Government Advocate

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

29.03.2022 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.469 of 2022 arising out of Talcher P.S. Case No.141 of 2022 pending in the Court of learned S.D.J.M., Talcher for alleged commission of offences under sections 379/120-B of the Indian Penal Code read with section 12 of the Odisha Mines and Minerals (Prevention of Theft Smuggling and other Unlawful Activities) Act, 1989. Perused the first information report annexed to

// 2 // the anticipatory bail application.

Considering the submissions made by the learned counsel for the petitioners that the co-accused Chinmaya Penthei was taken into custody in connection with the case and basing on his confessional statement before police, the petitioners have been arrayed as accused in the case and the said co-accused has already been released on bail and the petitioner no.1 is the owner of the offending vehicle and petitioner no.2 is the driver of the said vehicle and the offences are triable by Magistrate 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 such facts to the Court or to the Investigating Officer.

Violation of any of the above conditions shall entail cancellation of bail.

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

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

( S.K. Sahoo) Judge RKM