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Orissa High CourtABLAPL/6360/2022allowed

Dambarudhar Behera @ Doma v. State Of Odisha

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

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.6360 of 2022

1. Dambarudhar Behera @ Doma

2. Sesadeba Behera ....

Petitioners Mr. M. Chand, 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 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.827 of 2022 arising out of Begunia P.S.

Case No.121 of 2022 pending in the Court of learned S.D.J.M., Khurda for alleged

// 2 // commission of offences under sections 379, 411, 34 of the Indian Penal Code read with section 51 of O.M.M.C., Rules 2016.

Perused the F.I.R.

Learned counsel for the State on instruction submitted that the petitioners are having no criminal antecedents.

Considering the submission made by the learned counsel for the petitioners that the offences are triable by Magistrate and taking into account the nature of accusation against the petitioners and absence of any criminal antecedents, 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

// 3 // 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 P