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Orissa High CourtABLAPL/3194/2022allowed

Chanda Muduli @ Pravakar Muduli v. State Of Odisha

2022-05-12Mr. Justice S.K.Sahoo3 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.3194 of 2022

1. Chanda Muduli @ Pravakar Muduli

2. Kalika Muduli

3. Sita @ Sulochana Muduli ....

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

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

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

12.05.2022 02.

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 No.2 and 3 in connection with Ranpur P.S. Case No.53 of 2022 corresponding to Spl. G.R. Case No. 28 of 2022 pending in the Court of learned Addl. Sessions Judge (POCSO), Nayagarh for commission of alleged offences under sections 341, 323, 354, 427, 34 of the Indian Penal Code.

// 2 // 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 not alleged anything against the petitioner no.2 Kalika Muduli and petitioner no.3 Sita @ Sulochana Muduli, who are the mother and sister of the main accused Chanda Muduli @ Pravakar Muduli respectively keeping in view the proviso to section 437(1) of Cr.P.C, I am inclined to release the them on anticipatory bail and accordingly, this Court directs that in the event of arrest of the petitioners 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. 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.

// 3 // Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge p