Subhakant Das v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.6810 of 2022

1. Subhakant Das

2. Kyalani Das

3. Snigdhamayee Das

4. Laxmipriya Das ....

Petitioners Mr. A.C. Mohapatra, 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). Learned counsel for the State on instruction submitted that the notice contemplated under section 41A of Cr.P.C. has been served on the petitioner no.4 Laxmipriya Das and she has complied with the terms and conditions of the notice.

In view of such submission, since there is no apprehension of arrest of the petitioner no.4 in connection with the case, the ABLAPL is disposed of. Heard learned counsel for the petitioners and learned counsel for the State.

// 2 // This is an application under section 438 Cr.P.C. for grant of anticipatory bail to the petitioners nos.1 to 3 in connection with G.R. Case No.166 of 2022 arising out of Aul P.S. Case No.100 of 2022 pending in the Court of learned J.M.F.C., Aul for alleged commission of offences under sections 448/493/417/ 294/506/323/34 of the Indian Penal Code.

Perused the F.I.R.

Considering the nature of accusation against the petitioner no.1, while not inclining to release him on anticipatory bail, it is observed that in the event the petitioner no.1 Subhakant Das surrenders in the Court below within a period of four weeks from today and moves for bail, the same shall be disposed of as expeditiously as possible by the Courts below in accordance with law. The case records shall be made available to the Court concerned.

So far as petitioners nos.2 and are concerned, in absence of specific overt act against them and since they are ladies, keeping in view the proviso to section 437(1) Cr.P.C., I am inclined to release them on anticipatory bail. Accordingly, this Court directs that in the event of arrest of petitioners nos.2 Kyalani Das and petitioner no.3 Snigdhamayee Das 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

// 3 // 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 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