Jagan Jena v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.15757 of 2021

1. Sri Jagan Jena

2. Sri Ram Jena ....

Petitioners Ms. Susama Pradhan, 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 the 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 Jajpur P.S. Case No.425 of 2021 corresponding to C.T. Case No. 2467 of 2021 pending in the Court of learned S.D.J.M., Jajpur for alleged commission of offences under sections 451, 354, 354-A, 294, 506/34 of the Indian Penal.

Learned counsel for the petitioners submitted that there is some allegation against petitioner no.1, which has been fabricated but so far as petitioner

// 2 // no.2 is concerned, he is an aged person of seventy five years and the offences are triable by Magistrate and therefore, the anticipatory bail application may be favourably considered.

Learned counsel for the State opposed the prayer for anticipatory bail and placed the statement of the informant.

Perused the F.I.R. as well as the documents annexed to the anticipatory bail application. Considering the submission of the learned counsel for the respective parties, the nature of accusation against the petitioners 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) 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.

Violation of any of the above conditions shall

// 3 // entail cancellation of bail.

The ABLAPL is accordingly disposed of.

Issue urgent certified copy as per Rules.

PKSahoo ( S.K. Sahoo) Judge