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Orissa High CourtABLAPL/15513/2021allowed

Sk.Hanan@ Sk. Abdul Hanan v. State Of Odisha

2022-01-04Mr. Justice S.K.Sahoo3 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.15513 of 2021

1. Sk.Hanan @ Sk.Abdul Hanan

2. Sk. Ria Jul

3. Sk. Hakim

4. Sk. Kadir

5. Sultan Khan

6. Sk. Md. Safik ....

Petitioners Mr. P.S. Das, Advocate -versusState of Odisha ....

Opp. Party Mr.D.K. Pani, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

04.01.2022 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 Ghatagaon P.S. Case No. 200 of 2019 corresponding to G.R. Case No. 1786 of 2019 pending in the Court of learned S.D.J.M., Keonjhar for commission of alleged offences under sections

// 2 // 147, 148, 294, 323, 332, 336, 353, 427, 506/149 of the Indian Penal Code.

Perused the F.I.R. annexed to the anticipatory bail application.

Considering the submission of the learned counsel for the petitioners that the petitioners have not been named in the F.I.R. as accused persons and during the course of investigation, they have been falsely implicated in the case and one of the coaccused has already been released on bail by this Court in ABLAPL No.

19016 of 2019, copy of which is annexed to the anticipatory bail application as Anexure-2 and the further submission that charge sheet has already been submitted under sections 147, 148, 294, 323, 332, 336, 353, 427, 506/149 of the Indian Penal Code, copy of which is filed and taken on record and after 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.

// 3 // 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.

Issue urgent certified copy as per Rules.

PKSahoo ( S.K. Sahoo) Judge