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Orissa High CourtABLAPL/2671/2022disposed off

Pintu @ Dibyajyoti Baral @ Dibya Ranjan Baral v. State Of Odisha

2022-04-05Mr. Justice S.K.Sahoo3 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.2671 of 2022

1. Pintu @ Dibyajyoti Baral ....

Petitioners @ Dibya Ranjan Baral

2. Golap @ Sukanti Baral

3. Kajal Baral Mr. Devashis Panda, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

05.04.2022 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 Satyabadi P.S. Case No.64 of 2022 corresponding to Spl. G.R. Case No.19 of 2022 pending before the learned Addl. Sessions Judge - cum- Special Judge (POCSO), Puri for commission of alleged offences under sections 341, 354, 294/34 of the Indian Penal Code and section 8 of POCSO Act.

// 2 // Perused the F.I.R. annexed to the anticipatory bail application.

In view of the nature and gravity of accusation against the petitioner no.1 Pintu @ Dibyajyoti Baral @ Dibya Ranjan Baral, while not inclining to grant anticipatory bail to him, it is observed that in the event he surrenders in the learned Court below and moves for bail, the learned Court below shall dispose of the same in accordance with law expeditiously. The case records shall be made available to the Court concerned for disposal of the bail application. So far as petitioner no.2 Golap @ Sukanti Baral and petitioner no.3 Kajal Baral are concerned, in absence of any specific overt act against them and since they are ladies, keeping in view the proviso to section 437(1) of Cr.P.C., I am inclined to release petitioner nos.2 and 3 on anticipatory bail and accordingly, this Court directs that in the event of arrest of the petitioner nos.

2 and 3 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.

// 3 // 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.

The ABLAPL is accordingly disposed of.

Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge PKSahoo