The court has the discretion to grant anticipatory bail to an accused person if it is satisfied that the offenses are triable by Magistrate and that the accused is not likely to abscond or commit further offenses.

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 15655 of 2021

1. Durga Charan

Hansdah

2. Pankajini Hansdah

3. Chetan Hansdah @

Chaitan

….

Petitioners

Mr.A. Pattanaik, Advocate

-versus-

State of Odisha

….

Opp. Party

Mr.J.P. Das

Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO

Order No.

ORDER

04.01.2022

01.

This

matter

is

taken

up

through

Hybrid

Arrangement (Video Conferencing/Physical 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 Capital P.S. Case No.741 of 2021

corresponding to C.T. Case No. 6374 of 2021 pending in

the Court of learned S.D.J.M., Bhubaneswar for alleged

commission of offences under sections 341, 323, 506/34

of the Indian Penal Code.

// 2 //

Page 2 of 2

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

application.

Considering the submissions made by the learned

counsel for the petitioners that it is a case and counter

case and the offences are triable by Magistrate, 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 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 conditions

shall entail cancellation of bail.

The ABLAPL is accordingly disposed of.

Urgent certified copy of this order be granted on

proper application.

( S.K. Sahoo)

Judge

// 3 //

Page 3 of 2

P