Jyotsnarani Sahoo v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 15894 of 2021

1. Jyotsnaarani Sahoo

2. Sipramayee Behera ....

Petitioners Mr.K. Mohanty, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE S.K. SAHOO

ORDER

Order No.

12.01.2022 01.

This matter is taken up by video conferencin mode.

Heard learned counsel for the petitioners and learned counsel for the State.

This is an application under section of 438 of Cr.P.C. for grant of anticipatory bail to the petitioners in connection with Cuttack Sadar P.S Case No. 665 of 2021 corresponding to G.R. Case No. 2852 of 2021 pending in the file of learned J.M.F.C. (R), Cuttack for alleged commission of offences under sections under sections 493/417/376(2)(n)/313/294/323/326/506/34 of the Indian Penal Code.

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

// 2 // bail application.

Learned counsel for the petitioners submitted that the main allegation is against co-accused Jitendra Kumar Sahoo and the petitioner no.1 is aunt and petitioner no.2 is the sister-in-law of the main accused and they have been falsely entangled in the case and in view of the nature of accusation alleged against them and particularly in view of the proviso to section 437 (1) of Cr.P.C., the anticipatory bail application of the petitioner may be favourably considered.

Learned counsel for the State placed the first information report which is lodged by the victim herself and opposed the prayer for bail.

Considering the submission of the learned counsel for the respective parties, the nature of accusation against the petitioners and keeping in view of the proviso to section 437(1) of Cr.P.C, 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

// 3 // 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.

Parties may utilize the soft copy of this order available in the High Court's website or print out thereof at par with certified copy in the manner prescribed vide Office Order dated 7th January 2022. ( S.K. Sahoo) Judge P