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Orissa High CourtABLAPL/16445/2021allowed

Daitari Samantaray v. State Of Odisha

2022-01-25Mr. Justice S.K.Sahoo3 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.16445 of 2021

1. Daitari Samantaray

2. Saradharani Samantaray ....

Petitioners Mr.Amitav Tripathy, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

25.01.2022 01.

This matter is taken up through video conferencing mode.

Heard learned counsel for the petitioner 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 Khandapada P.S. Case No.250 of 2021 corresponding to G.R. Case No.244 of 2021 pending before the learned J.M.F.C., Khandapada for commission of alleged offences under sections 341, 294, 323, 354-B, 506/34 of the Indian Penal Code. Learned counsel for the petitioners submitted that the petitioners are the husband and wife and for

// 2 // purchase of bangles, the dispute arose and the case has been foisted. Learned counsel further submitted that the offences are triable by Magistrate and therefore, the prayer for anticipatory bail may be favourably considered.

Learned counsel for the State has produced the case diary and submitted that the injured Pravat Kumar Sahoo has sustained simple injuries.

Considering the submissions made by the learned counsel for the respective parties, nature of accusation against the petitioners, since the injured has sustained simple injuries and 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 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

// 3 // 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 PKSahoo