Brahmananda Rout v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.6373 of 2022

1. Brahmananda Rout

2. Niranjan Rout

3. Soumya Ranjan Rout ....

Petitioners Mr.S. Dash, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

05.07.2022 01.

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 Balichandrapur P.S. Case No.201 of 2022 corresponding to C.T. Case No.821 of 2022 pending in the Court of learned J.M.F.C., Chandikhole for alleged commission of offences under sections 341, 294, 323, 354, 506 and 34 of the Indian Penal Code.

Learned counsel for the State on instruction submitted that so far as petitioner no.1 Brahmananda Rout is concerned,

// 2 // he has been served with notices as contemplated under section 41A of Cr.P.C. and he has complied with the terms of the notice and therefore, there is no apprehension of arrest of the petitioner no.1.

Therefore, this anticipatory bail application so far as petitioner no.1 is concerned, stands disposed of. So far as petitioners nos.2 and 3 Niranjan Rout and Soumya Ranjan Rout are concerned, keeping in view the nature of accusation against them and the fact that the offences are triable by Magistrate, I am inclined to release petitioners nos.2 and 3 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 or to the Investigating Officer.

The ABLAPL is accordingly disposed of.

Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge P