Jayanti Nayak v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.6418 of 2022

1. Jayanti Nayak

2. Aparna Nayak ....

Petitioners Mr.P.K. Mishra, 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 C.T. Case No.10 of 2022 arising out of G.Udayagiri P.S. Case No.51 of 2022 pending in the Court of learned Addl. Sessions Judge -cum- Special Judge, (POCSO), Phulbani for alleged commission of offences under sections 376(2)(n), 294, 506, 34 of the Indian Penal Code read with section 6 of the POCSO Act.

Perused the first information report annexed to the anticipatory bail application.

Considering the submissions made by the learned

// 2 // counsel for the petitioners that the main allegation is against one Kirti Kumar Nayak and petitioner no.1 is the mother and petitioner no.2 is the sister of the main accused and the nature of accusation against the petitioners may at best make out a case under section 294 of the Indian Penal Code and on hearing the learned counsel for the State, I am inclined to release the petitioner 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 he shall make himself available for interrogation by the I.O.

as and when required and he 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 P