Chittaranjan Mohanty v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.3323 of 2022
1. Chittaranjan Mohanty
2. Sujay Kumar Mohanty
3. Anil Mohanty
4. Srustidhar Mohanty
5. Anirudha Mohanty
6. Santosh Kumar Mohanty
7. Sanjay Kumar Das ....
Petitioners Mr.J. Kamila, Advocate -versusState of Odisha ....
Opp. Party Mrs.Susamarani Sahoo, Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO Order No.
ORDER
06.07.2022 05.
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 C.T. Case No.162 of 2022 arising out of Nilagiri P.S. Case No.109 of 2022 pending in the Court of learned S.D.J.M., Nilagiri for alleged
// 2 // commission of offences under sections 341/323/294/ 354/354-A/506/34 of the Indian Penal Code.
Perused the first information report annexed to the anticipatory bail application.
Learned counsel for the State has produced the written instruction received from the Inspector incharge of Nilagiri police station to the effect that the health condition of the injured is good and he is moving to different places and there is no criminal antecedents against any of the petitioners. The written instruction is taken on record.
Considering the submissions made by the learned counsel for the petitioners that the petitioners and the informant belonged to same village and due to previous dispute between the parties, the case has been foisted and the offences are triable by Magistrate and in absence of any criminal antecedents against the petitioners, 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
// 3 // indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the Investigating Officer.
Violation of any of the above conditions shall entail cancellation of bail.
The ABLAPL is accordingly disposed of.
Urgent certified copy of this order be granted on proper application.
( S.K. Sahoo) Judge RKM