Ajay Kumar Moharana v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.198 of 2022 Ajay Kumar Moharana ....

Petitioner Mr.B.R. Mohanty, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

07.04.2022 02.

This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

Heard the 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 petitioner in connection with Jagatpur P.S. Case No. 533 of 2020 corresponding to G.R. Case No. 2893 of 2020 pending in the Court of learned J.M.F.C.(R), Cuttack for the commission of the alleged offence punishable under section 379 of the Indian Penal Code. Learned counsel for the petitioner submitted that the petitioner being the owner of a jewellery shop has been falsely entangled in the case and the offence is triable by Magistrate and therefore, the anticipatory bail application may be favourably considered.

// 2 // Learned counsel for the State submits that the petitioner has got no criminal antecedents.

Perused the first information report annexed to the anticipatory bail application.

Considering the submission made by the learned counsel for the respective parties, the nature of accusation against the petitioner and the fact that the offence is triable by Magistrate, 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 each 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 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 any facts to the Courts or to the Investigating Officer.

The ABLAPL is accordingly disposed of.

Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge PKSahoo