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Orissa High CourtABLAPL/3011/2022allowed

Basudev Sahu @ Basu v. State Of Odisha

2022-05-04Mr. Justice S.K.Sahoo2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.3011 of 2022

1. Basudev Sahu @ Basu

2. Manaba Bhoi ....

Petitioners Mr. J. Panda, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

04.05.2022 01.

This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

Heard the 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 Kesinga P.S. Case No.69 of 2022 corresponding to C.T. Case No. 68 of 2022 pending in the Court of learned J.M.F.C., Kesinga for commission of alleged offences under sections 366, 376(2)(n) and 109 of the Indian Penal Code. Perused the F.I.R. annexed to the anticipatory bail application.

After going through the 164 Cr.P.C. statement made by the victim placed by the learned counsel for the State in which she has stated her age to be twenty years and she has not

// 2 // alleged anything against the petitioner and the fact that the coaccused persons have been granted bail by the learned Court below and after going through the copy of the bail order produced by the learned counsel for the petitioners, which is taken on record, 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 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 PKSahoo