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Orissa High CourtABLAPL/15545/2021allowed

Sunil Pradhan v. State Of Odisha

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

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.15545 of 2021

1. Sunil Pradhan

2. Ranjan Kumar Swain ....

Petitioners Mr. S.K. Panda, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE S.K. SAHOO

ORDER

04.01.2022 01.

Order No.

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 Jenapur P.S. Case No.327 of 2021 corresponding to C.T. Case No.771 of 2021 pending in the Court of learned S.D.J.M., Jajpur for alleged commission of offences under sections 379/353/307/34 of the Indian Penal Code read with section 21 of the Mines and Minerals (Development and Regulation) Act, 1957.

Perused the FIR.

// 2 // Learned counsel for the petitioners submitted that nobody has sustained any injury and the ingredients of the offence under section 307 of the Indian Penal Code are not attracted and in view of the background of the case, the anticipatory bail application of the petitioners may be favourably considered.

Learned counsel for the State opposed the prayer for anticipatory bail and placed the first information report.

Considering the submissions made by the respective parties, the nature of accusation against the petitioners and the background of the case, 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.

// 3 // 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