Banamali Malik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 16184 of 2021

1. Banamali Malik

2. Jemamani Malik

3. Dasarathi Malik

4. Rebati Malik Petitioners ....

Mr.Dharmendra Sethy, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

19.01.2022 01.

This matter is taken up through 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 Sabrang P.S. Case No.152 of 2021 corresponding to G.R. Case No.1778 of 2021 pending in the Court of learned S.D.J.M., Bhadrak for commission of alleged offences under sections 354A/354-C/294/323/506/34 of the Indian Penal Code

// 2 // and section 66/66(E)/67/67(A) of the I.T. Act. Perused the F.I.R.

Considering the submission of the learned counsel for the petitioners that the main allegation is against co-accused Dharmendra Malik and the petitioners being the family members of the said coaccused have been falsely implicated in this case and the offences are triable by Magistrate and after hearing the learned counsel for the State, 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 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 p