Gitanjali Behera v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.3498 of 2022 Gitanjali Behera ....

Petitioner Mr. S.K. Jena, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

18.05.2022 01.

This matter is taken up through Hybrid arrangement (video conferencing/physical mode). Heard learned counsel for the petitioner and learned counsel for the State.

This is an application under section 438 Cr.P.C. for grant of anticipatory bail to the petitioner in connection with Nilagiri P.S. Case No.76 of 2022 corresponding to C.T. Case No.107 of 2022 pending in the Court of learned J.M.F.C., Nilagiri for alleged commission of offences under sections 341, 323, 294, 353 of the Indian Penal Code. Perused the F.I.R.

Learned counsel for the State has produced written instruction dated 18.05.2022 received from the Inspector in-charge of Nilagiri police station to the effect that the petitioner is having no criminal antecedent. The written

// 2 // instruction is taken on record.

Considering the submission made by the learned counsel for the petitioner that the offences are triable by Magistrate and taking into account the nature of accusation against the petitioner and the fact that the petitioner is having no criminal antecedent and keeping in view the proviso to section 437(1) of Cr.P.C., I am inclined to release the petitioner on anticipatory bail and accordingly, this Court directs that in the event of arrest of the petitioner in connection with the aforesaid case, she shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties each for the like amount to the satisfaction of the arresting officer with further conditions that she shall make herself available for interrogation by the I.O. as and when required and she 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.

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 P