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Orissa High CourtABLAPL/15754/2021allowed

Ashamani Naik v. State Of Odisha

2022-01-05Mr. Justice S.K.Sahoo2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.15754 of 2021 Ashamani Naik ....

Petitioner Mr.B.R. Dalai, Advocate -versusState of Odisha ....

Opp. Party Mr.J.P. Patra, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

05.01.2022 01.

This matter is taken up through Hybrid arrangement (video conferencing/physical mode). Heard learned counsel for the petitioner and learned counsel for the State.

This is an application under section 438, Cr.P.C. for grant of anticipatory bail to the petitioner in connection with Dhenkanal Town P.S. Case No.496 of 2021 corresponding to G.R. Case No.1358 of 2021 pending in the court of learned S.D.J.M., Dhenkanal for alleged commission of offences under sections 498A, 494, 323, 506/294/34 of the Indian Penal Code.

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

Considering the submission made by the

// 2 // learned counsel for the petitioner that the petitioner is the alleged second wife of the husband of the informant and the offences are triable by Magistrate and keeping in view the proviso to section 437(1) of Cr.P.C. and after hearing the learned counsel for the State, I am inclined to release the petitioner on anticipatory bail and accordingly, this Court directs that in the event of arrest of the petitioner in connection with the aforesaid case, she 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 she shall make herself available for interrogation by the I.O. as and when required and she 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.

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