Sushanta Kumar Swain v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.6594 of 2022

1. Sushsanta Kumar Swain

2. Gangadhar Swain

3. Silan Swain

4. Sanjukta Swain

5. Srimanta @ Srimanta Kumar Swain

6. Debaraj Swain

7. Minakshi Swain

8. Sushree Saswata Swain @ Sushree Shashwati Swain

9. Gunanidhi Swain ....

Petitioners Mr. Sk. Kalim Uddin, 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 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

// 2 // with G.R. Case No.502 of 2022 arising out of Nimapara P.S. Case No.178 of 2022 pending in the Court of learned J.M.F.C., Nimapara for alleged commission of offences under sections 341/323/294/354-B/379/427/506/34 of the Indian Penal Code.

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

Considering the submissions made by the learned counsel for the petitioners that the case arises out of a complaint petition, which was sent to the Inspector incharge of Nimapara police station under section 156(3) of Cr.P.C. and accordingly, the F.I.R. has been registered and there was civil dispute between the parties and the offences are triable by Magistrate and on hearing the learned counsel for the State, 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

// 3 // 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