Kishor Chandra Dash v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No. 16292 of 2021
1. Kishor Chandra Dash
2. Manas Kumar Dash
3. Tapaswini Dash
4. Pramila Tripathy ....
Petitioners Mr. B.K. Ragada, Advocate -versusState of Odisha ....
Opp. Party Mr.A.K. Beura, Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No.
20.01.2022 01.
This matter is taken up by video conferencing mode.
Heard the learned counsel for the petitioners and learned counsel for the State.
This is an application under section 438 of Cr.P.C. for grant of anticipatory bail to the petitioners in connection with Baidyanathpur P.S. Case No.318 of 2021 corresponding to G.R. Case No.2076 of 2021 pending in the Court of learned S.D.J.M., Berhampur for alleged commission of offences under sections
// 2 // 342/447/294/506/34 of the Indian Penal Code.
Learned counsel for the State on instruction submitted that during course of investigation, notices contemplated under section 41-A of Cr.P.C. were issued to the petitioners nos.1 and 2 and they have complied with the terms and conditions of the notices and therefore, there is no apprehension of arrest of the petitioners nos.1 and 2 in connection with this case.
In view of such submission, learned counsel for the petitioners does not want to press this anticipatory bail application of petitioners Nos.1 and 2, namely, Kishore Chandra Dash and Manas Kumar Dash.
So far as petitioners nos.3 and 4 are concerned, considering the submission made by the learned counsel for the petitioners that the informant is the mother-in-law of petitioner no.3 and there was previous dispute between the parties, for which the case has been foisted and the offences are triable by Magistrate and the only non-bailable offence is under section 506 of the Indian Penal Code and on hearing the learned counsel for the State, I am inclined to release petitioners nos.3 and 4 on anticipatory bail and accordingly, this Court directs that in the event of arrest of the petitioners nos.3 and 4 namely, Tapaswini Dash and Pramila Tripathy in connection
// 3 // 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 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