Kanakalata Mohanty @ Mohanti v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.2487 of 2022

1. Kanakalata Mohanty @ ....

Petitioners Mohanti

2. Laxmi Mohanty @ Laxmipriya Mohanty

3. Prafulla Mohanty

4. Manaranjan Mohanty

5. Hemanta Khanda Mr.R.N. Rout, Advocate -versusState of Odisha ....

Opp. Party Mrs.Susamarani Sahoo, Addl. Standing Counsel Mr. S.P. Dash, Advocate (for the informant)

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 as well as learned counsel for the informant.

This is an application under section 438 Cr.P.C. for grant of anticipatory bail to the petitioners in connection with Soro P.S. Case No.93 of 2022 corresponding to C.T. Case No.225 of 2022 pending before the learned J.M.F.C., Soro for commission of

// 2 // alleged offences under sections 294, 506, 325, 307, 341/34 of the Indian Penal Code.

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

Learned counsel for the State on instruction submitted that the petitioners have got no criminal antecedents. He has furnished the injury report of the injured Jayanti Khanda, which indicates that she has sustained two injuries out of which one is on the left forearm, which has been opined to be grievous in nature. The instruction furnished by the learned counsel for the State is taken on record.

Learned counsel for the petitioners submitted that there are no specific overt act of assault against any of the petitioners and petitioners nos.1 and 2 are ladies and therefore, the anticipatory bail application may be favourably considered.

Learned counsel for the State as well as learned counsel for the informant opposed the prayer for anticipatory bail.

Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against petitioners and since petitioner nos.1 and 2 are ladies and keeping in view the proviso to section 437(1) of Cr.P.C., I am inclined to release petitioner no.1 Kanakalata Mohanty @ Mohanti and petitioner no.2 Laxmi Mohanty @ Laxmipriya Mohanty on anticipatory bail and accordingly, this Court directs

// 3 // that in the event of arrest of the petitioners nos.1 and 2 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.

So far as petitioners nos. 3, 4 and 5 are concerned, while not inclining to grant anticipatory bail to them, it is observed that in the event they surrender in the learned Court below and move for bail, the learned Courts below shall dispose of the same in accordance with law expeditiously. The case records shall be made available to the Courts concerned for disposal of the bail application. The ABLAPL is accordingly disposed of.

Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge PKSahoo

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