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Orissa High CourtABLAPL/16047/2021allowed

Prasanna Kumar Sahoo v. State Of Odisha

2022-01-18Mr. Justice S.K.Sahoo3 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.16047 of 2021

1. Prasanna Kumar Sahoo

2. Jaga @ Jagannath Sahoo

3. Balia @ Pradipta Sahoo ....

Petitioners Mr. A.K. Pattanaik, Advocate -versusState of Odisha ....

Opp. Party Mr. D.K. Pani, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO

ORDER

18.01.2022 01.

Order No.

This matter is taken up by video conferencing mode. Heard 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 G.R. Case No.1394 of 2021 arising out of Dhenkanal Town P.S. Case No.508 of 2021 pending in the Court of learned S.D.J.M., Dhenkanal for alleged commission of offences under sections 341/294/323/379/506/324/34 of the Indian Penal Code.

Perused the F.I.R.

Learned counsel for the petitioners submitted that the petitioner no.1 Prasanna Kumar Sahoo and the

// 2 // informant are petty contractors and they were doing the business of supply of bricks, sand and chips to the local people for construction of house and since there was dispute and business rivalry between the two, the case has been foisted 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 opposed the prayer for bail.

Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioners and the fact that 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 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 such facts to the Court 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

// 3 // 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 RKM