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Orissa High CourtABLAPL/6354/2022allowed

Pradeep Sahu @ Papu v. State Of Odisha

2022-07-12Mr. Justice S.K.Sahoo3 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.6354 of 2022

1. Pradeep Sahu @ Papu

2. Tapan Dey

3. Bapu @ Jaydev Sahu

4. Anjan Sahu

5. Pinku Sahu @ Sapan

6. Dipak @ Chandan Sahu ....

Petitioners Mr. J.K. Majhi, Advocate -versusState of Odisha ....

Opp. Party Mrs. Susamarani Sahoo Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

12.07.2022 02.

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 of Cr.P.C. for grant of anticipatory bail to the petitioners in connection with Baliapal P.S. Case No.121 of 2022 corresponding to C.T. Case No.360 of 2022 pending in the Court of learned J.M.F.C., Basta, Balasore for the commission of the alleged offences punishable under

// 2 // sections 363, 366, 294, 506 read with section 34 of the Indian Penal Code.

Learned counsel for the State has produced the 164 Cr.P.C. statement of the victim from which it reveals that the victim had love affairs with the petitioner no.1 and that she left her lawful guardianship on her own volition with the petitioner and there is nothing against the other petitioners in the 164 Cr.P.C. statement of the victim.

Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioners and since the victim has given a clean chit to the petitioners in her 164 Cr.P.C. statement, 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 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

// 3 // 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