S.Kishor Reddy @ S.Kishore Chandra Reddy v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.6262 of 2022

1. S. Kishor Reddy @ S.

Kishore Chandra Reddy

2. Maheswar Pradhan ....

Petitioners Mr. S.K. Mohanty, Advocate -versusState of Odisha ....

Opp. Party Mrs. Susamarani Sahoo, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

29.06.2022 01.

This matter is taken up through Hybrid arrangement (video conferencing/physical mode). 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 G.R. Case No.338 of 2022 arising out of Chatrapur P.S. Case No.207 of 2022 pending in the Court of learned S.D.J.M., Chatrapur for alleged commission of offences under sections 147/148/341/ 294/506/353/332/186/427/307/336/149 of the Indian Penal Code read with section 3 of the Prevention of Damage to Public Property Act, 1984.

// 2 // Perused the F.I.R.

Learned counsel for the petitioners submitted that a case under section 302 of the Indian Penal Code was reported in Chatrapur police station and since the police did not investigate the case properly, there was public agitation in blocking the public road for which this case has been falsely foisted. He further submitted that there are no such materials against the petitioners so as to attract the ingredients of the offence under section 307 of the Indian Penal Code and therefore, the anticipatory bail application of the petitioners may be favourably considered.

Learned counsel for the State, on the other hand, submitted that the police personnel on duty have been assaulted.

Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioners and the background of the case, 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

// 3 // 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. 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