Sambhu Sahu v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.6039 of 2022
1. Sambhu Sahu
2. Minati Sahu
3. Samir Sahu
4. Sanjay Sahoo
5. Deepak Sahu ....
Petitioner Mr.S.Ray, Advocate -versusState of Odisha ....
Opp. Party Mrs. Susamarani Sahoo, Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO Order No.
ORDER
29.06.2022 02.
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 petitioners in connection with Khandagiri P.S. Case No.228 of 2022 corresponding to C.T. Case No.2758 of 2022 pending before the learned S.D.J.M., Bhubaneswar for commission of alleged offences under sections 341, 323, 294, 307, 406, 34 of the Indian Penal Code.
// 2 // Learned counsel for the State has produced the written instruction dated 21.06.2022 received from the Inspector in-charge of Khandagiri police station UPD, Bhubaneswar which indicates that the parents of the informant received head injuries during course of occurrence and both of them were hospitalized in AIIMS Hospital, Bhubaneswar and then the father of the informant was shifted to Hi-Tech Hospital, Bhubaneswar for better treatment and now her father is under treatment at Hi-tech Hospital. The instruction obtained by the learned counsel for the State is taken on record.
In view of the nature and gravity of accusation against petitioner no.3 Samir Sahu and petitioner no.4 Sanjay Sahoo and petitioner no.5 Deepak Sahu, while not inclining to grant anticipatory bail to them, it is observed that in the event they surrender in the learned Court below and move for bail, the learned Courts below shall dispose of the same in accordance with law expeditiously. The case records shall be made available to the Courts concerned for disposal of the bail application.
So far as petitioners nos.1 and 2 namely Sambhu Sahu and Minati Sahu are concerned, in absence of any specific overt act against them, I am inclined to release them on anticipatory bail and accordingly, this Court directs that in the event of
// 3 // arrest of the petitioner nos.1 and 2, 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 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 P