Khirod Mohanty v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.6501 of 2022

1. Khirod Mohanty

2. Ashis Kumar Mohanty ....

Petitioners Mr.S.R. Rout, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

06.07.2022 01.

This matter is taken up through Hybrid arrangement (video conferencing/physical mode). Heard the 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 Salipur P.S. Case No.164 of 2022 corresponding to G.R. Case No.427 of 2022 pending before the learned J.M.F.C., Salipur for commission of alleged offences under sections 364, 323, 325, 379, 506, 342 read with section 34 of the Indian Penal Code.

Learned counsel for the petitioners submitted

// 2 // that petitioner no.2, namely, Ashis Kumar Mohanty has already been arrested.

In view of such submission, this anticipatory bail application so far as petitioner no.2 is disposed of as infructuous.

So far as petitioner no.1, namely, Khirod Mohanty is concerned, considering the submission made by the learned counsel for petitioner no.1 that it is a case and counter case and after hearing the learned counsel for the State, who submitted that the informant Rabindra Mohanty and his wife Chinmayee Mohanty are the injured persons in the case and they have sustained simple injuries, I am inclined to release petitioner no.1 on anticipatory bail and accordingly, this Court directs that in the event of arrest of the petitioner no.1 in connection with the aforesaid case, he 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 petitioner no.1 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 any facts to the Courts or to the Investigating Officer.

// 3 // Violation of any of the above conditions shall entail cancellation of bail.

The ABLAPL is accordingly disposed of.

Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge P