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Orissa High CourtABLAPL/15583/2021allowed

Ramesh Chandra Das v. State Of Odisha

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

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.15583 of 2021 Ramesh Chandra Das

2. Pramod Kumar Sahoo

3. Prasanta Kumar Sahoo

4. Debasish Sahoo ....

Petitioners Mr. A.S. Paul, Advocate -versusState of Odisha ....

Opp. Party Mr. A.K. Beura, Addl. Standing Counsel

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 as well as learned counsel for the informant.

This is an application under section 438 of Cr.P.C. for grant of anticipatory bail to the petitioners in connection with Khurda P.S. Case No.473 of 2021 corresponding to I.C.C. Case No.219 of 2021 pending in the Court of learned S.D.J.M., Khurda for alleged commission of offences under sections 419/420/406/ 342/294/323/506/34 of the Indian Penal Code.

// 2 // Perused the F.I.R. annexed to the anticipatory bail application.

Learned counsel for the petitioners submits that it is a case and counter case and the case arises out of complaint petition and the dispute is basically civil in nature which has been given a colour of criminal case and the offences are triable by Magistrate and therefore, the anticipatory bail application of the petitioners may be favourably considered.

Learned counsel for the State as well as learned counsel for the informant opposed the prayer for bail. Considering the submissions of learned counsel for the respective parties, nature of accusation against the petitioners, the background of the case and since the offences are triable by Magistrate, 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) 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

// 3 // to dissuade him from disclosing any facts to the Courts or to the investigating Officer. Violation of any of the 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 P