Sarajit Mandal v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.5953 of 2022 1.

Sarajit Mandal 2.

Madhai Mandal 3.

Ranjeet Mandal 4.

Biswanath Mandal 5.

Subhash Dhada 6.

Iti Mandal 7.

Anuradha Mandal 8.

Dulali Mandal 9.

Mamata Mandal

10. Mahadev Makhal

11. Kalpana Makhal Petitioners ....

Mr.J.K. Khuntia, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

21.06.2022 01.

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

Learned counsel for the petitioners does not want to press this application so far as petitioner no.1 Sarajit Mandal, petitioner no.3 Ranjeet Mandal and petitioner no.4 Biswanath Mandal are concerned.

In view of such submission, this anticipatory bail application so far as petitioner nos.1, 3 and 4 are concerned,

// 2 // stands disposed of.

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 in connection with Padwa P.S. Case No.43 of 2022 corresponding to G.R. Case No. 357 of 2022 pending in the Court of learned S.D.J.M., Koraput for commission of alleged offences under sections 143, 147, 148, 294, 323, 341, 506/149 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 petitioners that it is a case and counter case and on account of family dispute between the parties, the case has been foisted, the offences are triable by Magistrate and the only non-bailable offence is one under section 506 of the Indian Penal Code and on hearing the learned counsel for the State, I am inclined to release the petitioners nos.2 and 5 to 11 on anticipatory bail and accordingly, this Court directs that in the event of arrest of the petitioners nos.2 and 5 to 11 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

// 3 // 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.

Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge PKSahoo