The Court granted anticipatory bail to five petitioners in an IPC case triable by a Magistrate, directing their release upon arrest upon furnishing a bail bond of Rs. 10,000 with two sureties.
Directed that petitioners be released on bail upon arrest on furnishing a bond of Rs. 10,000 each with two sureties each for the same amount.
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ABLAPL No. 4621 of 2020
1. Lochani Pradhan@ Deury 2. Rajani Deury 3. Basanta Pradhan @ Deury 4. Abhina Deury S. Ranjan Deury …… Petitioners -VersusState of Odisha …… Opp. Party
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 Khuntuni P.S. Case No. 174 of 2019 corresponding to C.T. Case No. 593 of 2019 pending in the Court of learned S.D.J.M., Athagarh for alleged commission of offences under sections 341/294/323/ 506/354/427/336/34 of the Indian Penal Code.
Perused the F.I.R.
Considering the submission made by the learned counsel for the petitioners that it is a case and counter case and the offences are triable by Magistrate and further taking into account the background of the case 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
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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.
Urgent certified copy of this order is granted on proper application.
P
1 issue framed by the court
Whether anticipatory bail is maintainable to prevent arrest in a case triable by a Magistrate where there is a counter-case.
1 provisions across 1 enactments
Lochani Pradhan@ Deury
Rajani Deury
Basanta Pradhan @ Deury
Abhina Deury
S. Ranjan Deury
State of Odisha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
