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Orissa High CourtABLAPL/6408/2022allowed

P. Rabindra Senapati v. State Of Odisha

2022-07-05Mr. Justice S.K.Sahoo2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.6408 of 2022

1. P.Rabindra Senapati

2. P.Rajendra Senapati

3. Smt.P.Sabita ....

Petitioners Senapati

4. P.Amarendra Senapati

5. Smt.P.Rasmita Senapati Mr. S.K. Bhanjadeo, Advocate -versusState of Odisha ....

Opp. Party Mr.Rajesh Tripathy, Addl. Standing Counsel

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 G.R. Case No.438 of 2022 arising out of Chhatrapur P.S. Case No.265 of 2022 pending in the Court of learned S.D.J.M., Chhatrapur, Ganjam for alleged commission of offences under sections 294/323/341/354/457/380/506/34 of the Indian Penal Code

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

Considering the submissions made by the learned counsel for the petitioners that the case arises out of a family dispute, pendency of civil cases between the parties and the fact that the offences are triable by Magistrate and on hearing the learned counsel for the State, who instruction submitted that the petitioners have taken law into their own hands after the informant was given delivery of possession of the suit property as per the order of the Court and taking into account 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 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.

Issue urgent certified copy of this order on proper application.

( S.K. Sahoo) Judge PKSahoo