Bhagaban Gantayat v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 3484 of 2022

1. Bhagaban Gantayat

2. Pradyumna Gantayat ....

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

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

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

17.05.2022 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 Baidyanathpur P.S. Case No.87 of 2022 corresponding to G.R. Case No.603 of 2022 pending in the Court of learned S.D.J.M., Berhampur for alleged commission of offences under sections 341/294/323/506/34 of the Indian Penal Code read with sections 25(1-A)/25(1-B)(a) of the Arms Act.

// 2 // Perused the first information report annexed to the anticipatory bail application.

Learned counsel for the State submitted that the Investigating Officer intended to serve the notices under section 41A of Cr.P.C. on the petitioners but the records does not reveal as to whether it is served on the petitioners or not.

Considering the submission made by the learned counsel for the petitioner and taking into account the nature of accusation against the petitioners and on hearing the learned counsel for the State, 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 such facts to the Court or to the Investigating Officer and with further condition that they shall cooperate with the investigation.

// 3 // 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