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Orissa High CourtABLAPL/15978/2021disposed off

Rakesh Das v. State Of Odisha

2022-01-12Mr. Justice S.K.Sahoo3 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.15978 of 2021

1. Rakesh Das

2. Pradeep Behera

3. Deb Das ....

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

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

CORAM:

JUSTICE S.K. SAHOO

ORDER

12.01.2022 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.

Learned counsel for the petitioners submitted that petitioner no. 1 namely Rakesh Das has been arrested in the meantime and therefore, he does not want to press the anticipatory bail application so far as petitioner no.1 namely, Rakesh Das is concerned and accordingly, his anticipatory bail application is disposed of as not pressed.

This is an application under section 438 of Cr.P.C.

// 2 // for grant of anticipatory bail to the petitioner nos.2 and 3 namely, Pradeep Behera and Deb Das in connection with Bidanasi P.S.Case No.270 of 2021 corresponding to G.R. Case No. 1484 of 2021 pending in the Court of learned S.D.J.M. (S), Cuttack Nagar for alleged commission of offences under sections 341/294/323/ 324/379/506/34 of the Indian Penal Code.

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

Considering the submissions made by the learned counsel for the petitioners that the occurrence in question took place during marriage procession and the F.I.R. has been presented in an exaggerated manner and the offences are triable by Magistrate and after hearing the learned counsel for the State, I am inclined to release the petitioners nos.2 and 3 namely, namely, Pradeep Behera and Deb Das on anticipatory bail and accordingly, this Court directs that in the event of arrest of the petitioners nos.2 and 3 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

// 3 // 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 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. P ( S.K. Sahoo) Judge