Pratapa@ Pratap Kumar Sahoo v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.2856 of 2022

1. Pratapa @ Pratap Kumar Sahoo

2. Sagar Sahoo ....

Petitioners Mr.D.K. Das, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

19.04.2022 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 Gop P.S. Case No.67 of 2022 corresponding to G.R. Case No. 126 of 2022 pending in the Court of learned J.M.F.C., Konark for commission of alleged offences under sections 294, 341, 323, 324, 506/34 of the Indian Penal Code. Perused the F.I.R. annexed to the anticipatory bail application.

// 2 // Learned counsel for the petitioners submitted that though initially the case was registered under Magistrate triable offences but subsequently the case has turned to one under section 307 of the Indian Penal Code but there are no such materials against any of the petitioners to attract the ingredients of the offence under section 307 of the Indian Penal Code and therefore, the anticipatory bail application of the petitioner may be favourably considered.

Learned counsel for the State submits that there are two injured persons in this case and both of them have sustained simple injuries.

Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioners, the background of the case and the nature of injuries sustained by the injured persons, 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

// 3 // 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.

The ABLAPL is accordingly disposed of.

Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge P