Sasmita Behera v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.6435 of 2022

1. Sasmita Behera

2. Sanjib @ Sanjeet Behera ....

Petitioners Mr.H.K. Mohanta, Advocate -versusState of Odisha ....

Opp. Party Mr.Manoranjan Mishra, 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). Learned counsel for the petitioners submitted that the petitioner no.2 Sanjib @ Sanjeet Behera has already been taken into judicial custody.

In view of such submission, this anticipatory bail application so far as petitioner no.2 has become infructuous and stands disposed of.

Heard the learned counsel for the petitioner no.1 and learned counsel for the State.

This is an application under section 438 Cr.P.C. for grant of anticipatory bail to the petitioner no.1 in connection with C.T. Case No.895 of 2022 arising out

// 2 // of Chandua P.S. Case No.51 of 2022 pending in the Court of learned S.D.J.M., Baripada for alleged commission of offences under sections 294/506/34 of the Indian Penal Code read with section 67 of the Information Technology Act, 2000.

Perused the F.I.R.

Considering the submission made by the learned counsel for the petitioner no.1 that the petitioner no.1 is a lady and petitioner no.2 has already been released on bail and the offences are triable by Magistrate and on hearing the learned counsel for the State and keeping in view the proviso to section 437(1) Cr.P.C., I am inclined to release the petitioner no.1 on anticipatory bail and accordingly, this Court directs that in the event of arrest of the petitioner no.1 Sasmita Behera in connection with the aforesaid case, she shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties each for the like amount to the satisfaction of the arresting officer with further conditions that she shall make herself available for interrogation by the I.O. as and when required and she 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.

// 3 // 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 RKM