Susama Rout v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.11817 of 2022 Susama Rout and others ....

Petitioners Mr. M.K. Chand, Advocate -versusState of Odisha ....

Opp. Party Mr. P.C. Das, A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

12.10.2022 02.

1.

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2.

Heard learned counsel for the petitioner and learned Additional Standing Counsel for the State.

3.

This is an application under Section 438 Cr.P.C. for grant of anticipatory bail to the petitioners in connection with G.R. Case No.315 of 2022 arising out of Balugaon P.S. Case No.151 of 2022 pending in the Court of learned J.M.F.C., Chilika for alleged commission of offences under Sections 341/294/323/302/506/34, I.P.C. 4.

It is submitted by learned counsel for the petitioners that the petitioners are ladies and they have no role to assault. He further submits that there is a scuffle between the two families and the families indulge in free fighting as a result of which Rankanath Sahoo died on the assault made by the petitioners' group. It is also submits that the allegation of assault is against Daka Rout, Panchanan Rout, Babul Rout Rama Rout and Pramod Behera.

5.

Learned counsel for the State referring the statement of injured

// 2 // Ajit Kumar Rout, there is allegation against the present petitioner as they were present at the spot.

6.

Considering the nature of allegation, petitioners are ladies, gravity of offence and the fact of the case, I am not inclined to grant anticipatory bail to the petitioners. However, it is directed that in the event the petitioners surrender and move an application for bail before the learned court in seisin over the matter within a period of three weeks from today in the aforesaid case, they shall be released on bail on such terms and conditions as would be deemed just and proper with further conditions that :- I.

The petitioners shall cooperate with the Investigating Officer as and when required for the purpose of investigation;

II.

they shall not default in attendance of the court during trial on each date of posting; and III.

they shall not threaten, harass and terrorize the informant and her /his family members in any manner whatsoever.

Violation of any of the terms and conditions shall entail cancellation of bail.

7.

Accordingly, the ABLAPL is disposed of.

Urgent certified copy of this order be granted on proper application.

( A.K. Mohapatra) Judge Jagabandhu