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Orissa High CourtABLAPL/2482/2022allowed

Sagar Ghadei @ Biswajit v. State Of Odisha

2022-03-29Mr. Justice S.K.Sahoo3 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 2482 of 2022

1. Sagar Ghadei @ Biswajit

2. Suprakash Choudhury

3. Ranjan @ Biswajit Ghadei

4. Raja @ Rajkishore Jena

5. Chandan Ghadei ....

Petitioners Mr. A. Mishra, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE S.K. SAHOO

ORDER

Order No.

29.03.2022 01.

This matter is taken up through Video Conferencing 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 Jakhapura P.S. Case No.18 of 2022 corresponding to C.T. Case No. 240 of 2022 pending in the Court of learned J.M.F.C., Jajpur Road for alleged

// 2 // commission of offence under sections 341/294/452/ 354-A/307/506/34 of the Indian Penal Code.

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

Learned counsel for the petitioners submitted that the specific overt act of assault has been made against the co-accused Sanjay Nayak who is not the petitioner in this anticipatory bail application and the accusation against the petitioners may at best make out a case under section 354-A of the Indian Penal Code which is bailable one.

Learned counsel for the State placed the first information report.

Considering the submission of learned counsel for the respective parties and the nature of accusation against the petitioners, 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

// 3 // 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 conditions shall 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