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Orissa High CourtABLAPL/3597/2022allowed

Barsha Sahoo v. State Of Odisha

2022-05-19Mr. Justice S.K.Sahoo2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.3597 of 2022 Barsha Sahoo ....

Petitioner Mr.J. Sahu, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

19.05.2022 01.

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

Heard the 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 Kanpur P.S. Case No.47 of 2022 corresponding to C.T. Case No. 85 of 2022 pending before the learned J.M.F.C., Kanpur for alleged commission of offences under sections 494, 506/34 of the Indian Penal Code.

Perused the F.I.R. annexed to the anticipatory bail application.

Considering the submission made by the learned counsel for the petitioner that the petitioner is the alleged second wife of the main accused and the offences are triable

// 2 // by Magistrate, the only non-bailable offence is one under section 506 of the Indian Penal Code and keeping in view the proviso to section 437(1) of Cr.P.C. and on hearing the learned counsel for the State, 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 PKSahoo