Guna Pradhan v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.2893 of 2020 Guna Pradhan & Others ....

Petitioners Mr. H.N. Mohapatra, Advocate -versusState of Odisha ....

Opposite Party Mr. D.R. Parida, ASC

CORAM:

MR. JUSTICE D.DASH

ORDER

24.02.2022 03.

1.

This matter is taken up by video conferencing mode. Order No.

2.

Learned counsel for the Petitioners submits that the allegation as to the commission of the offence under section 376-AB stand against accused Landa and as against these Petitioners, it is said that they being the family members of accused Landa had abused in filthy language and threatened the victim in case she would report the matter to the police. He submits that the very purpose of arraigning these Petitioners as accused is only to see that the whole family suffers when they had nothing to do with the said act and conduct of accused Landa. It is also submitted that the principal accused in this case has already been arrested and these Petitioners being under interim protection from 04.05.2020 have been abiding the terms and conditions and have not misused the liberty. In view of all

// 2 // these above, he urges for grant of anticipatory bail to these Petitioners, as according to him, their arrest and likely detention would serve no useful purpose.

3.

Learned counsel for the State does not dispute the position that here insofar as commission of offence under section 376-AB is concerned, those allegations stand against accused Landa and these Petitioners have no nexus in that. 4.

Considering the submissions and on going through the nature of accusations; further keeping in view the surrounding circumstances of the case as also concerning the Petitioners and in the absence of any other impediment, it is directed that in the event the Petitioners surrender before the Court in seisin of the case in connection with Chandanpur P.S. Case No.36 of 2020 corresponding to G.R. Case No.18 of 2020 pending on the file of learned Special Judge, Puri within three weeks hence and move for their release on bail, they shall be released on bail on such terms and conditions as would be deemed just and proper by the said court.

5.

The ABLAPL is accordingly disposed of.

6.

Issue urgent certified copy as per rules.

(D. Dash) Judge