This court granted anticipatory bail to the petitioners in a Bihamitrapur P.S. FIR alleging offences under sections 407 and 120-B of IPC during interrogation.
Petitioners were released on anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties and abiding by specific conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.15742 of 2021
1. Sangram Jena
2. Jitendra Maharana …. Petitioners
Mr. S.R. Das, Advocate
-versus-
State of Odisha
…. Opp. Party
Ms. Susamarani Sahoo, Addl. Standing Counsel
Order No.
CORAM:
JUSTICE S.K. SAHOO ORDER 05.01.2022
01. This matter is taken up through Hybrid Arrangement (Video Conferencing/Physical Mode).
Heard learned counsel for the petitioner 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 Biramitrapur P.S. Case No.243 of 2021 corresponding to G.R. Case No. 2029 of 2021 pending in the Court of learned S.D.J.M., Panposh for alleged commission of offences under sections 407/120-B of the Indian Penal Code.
Perused the F.I.R. annexed to the anticipatory bail application.
// 2 //
Considering the submissions made by the learned counsel for the petitioners that the offences are triable by Magistrate, the background of the case, nature of punishment prescribed for the offence 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)
P
Page 2 of 2
2 issues framed by the court
Whether the petitioners are entitled to anticipatory bail in connection with offences under sections 407/120-B of the Indian Penal Code.
Whether to fix conditions for release on bail if the petitioners are arrested in the said case.
2 provisions across 2 enactments
Sangram Jena
Jitendra Maharana
State of Odisha
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
