Jemamani Mahakud v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.6763 of 2022

1. Jemamani Mahakud

2. Sasmita Mahakud ....

Petitioners Mr. A.K. Sarangi, Advocate -versusState of Odisha ....

Opp. Party Mr. Arupananda Das, Addl. Government Advocate

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

13.07.2022 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 C.T. Case No.241 of 2022 arising out of Sukinda P.S. Case No.106 of 2022 pending in the Court of learned J.M.F.C., Sukinda for alleged commission of offences under sections 341/323/294/307/325/326/506/34 of the Indian Penal Code.

Perused the F.I.R.

Learned counsel for the State on instruction submitted that there are two injured persons in this case, namely, Bichitrananda Das and Debaraj Das and both of

// 2 // them have sustained simple injuries.

Considering the submissions made by the learned counsel for the petitioners that there is no specific overt act alleged against the petitioners and the fact that the petitioners are ladies, keeping in view the proviso to section 437(1) Cr.P.C., 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 anticipatory 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 any facts to the Courts 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 RKM