Allowed

Smruti Sagar Samal v. State of Odisha

Orissa HC19 Jan 2022ABLAPL/16111/2021

Case brief

AI extract

What is this about?

The High Court of Orissa granted anticipatory bail to the petitioner in an IPC case involving alleged attempted murder and assault. The court directed that in case of arrest, the petitioner would be released on a bond with two sureties and conditions regarding interrogation and not influencing witnesses.

What did the court decide?

Order directed to release petitioner on bail bond of Rs.10,000 with two sureties on arrest, with conditions for interrogation and non-interference.

Smruti Sagar Samal Vs State of Odisha — Murder and Culpable Homicide | Orissa HC (2022)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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ABLAPL No.16111 of 2021

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Smruti Sagar Samal …. Petitioner

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Mr. S.P. Dash, Advocate

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-versus-

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State of Odisha …. Opp. Party

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Smt. Susamarani Sahoo, Addl. Standing Counsel

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CORAM:

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JUSTICE S.K. SAHOO
ORDER
Order No. 19.01.2022
01. This matter is taken up by video conferencing
mode.
Heard learned counsel for the petitioner and
learned counsel for the State.

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This is an application under section 438 Cr.P.C. for grant of anticipatory bail to the petitioner in connection with G.R. Case No.2041 of 2018 arising out of Bhadrak Town P.S. Case No.321 of 2018 pending in the Court of learned S.D.J.M., Bhadrak for alleged commission of offences under sections 452/323/325/ 307/34 of the Indian Penal Code.

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Perused the F.I.R.

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Learned counsel for the petitioner submitted that the first information report was lodged against

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three accused persons including the petitioner and two of them, namely, Jagannath Das and Sasikanta Jena were taken into custody during course of investigation and they have already been released on bail and, in the meantime, on completion of investigation, charge sheet has been submitted. He further submitted that there are no such materials against the petitioner so as to attract the ingredients of the offence under section 307 of the Indian Penal Code and therefore, the anticipatory bail application of the petitioner may be favourably considered.

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Learned counsel for the State placed the injury report of the informant Jyotirmaya Sahoo, which indicates that he has sustained simple injury.

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Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioner, the nature of injury sustained by the informant and release of the co-accused persons on bail, I am inclined to release the petitioner on anticipatory bail and accordingly, this Court directs that in the event of arrest of the petitioner in connection with the aforesaid case, he shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties for the like amount to the satisfaction of the arresting officer with further conditions that he shall make himself available for interrogation by the I.O. as and

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when required and he 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 such facts to the Court or to the Investigating Officer.

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Violation of any of the above conditions shall entail cancellation of bail.

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The ABLAPL is accordingly disposed of.

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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 7^th January 2022.

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( S.K. Sahoo) Judge

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RKM

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Smruti Sagar Samal v. State of Odisha

Case brief

What is this about?

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Smruti Sagar Samal v. State of Odisha

Case brief

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