Pradeep Kumar Jain @ Pappu v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.276 of 2022 Pradeep Kumar Jain @ Pappu ....

Petitioner Mr.S.K. Joshi, Advocate -versusState of Odisha ....

Opp. Party Mr.Arupananda Das, Addl. Government Advocate

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

31.01.2022 01.

This matter is taken up through video conferencing.

Heard learned counsel for the petitioner and learned counsel for the State.

This is an application under section 438 Cr.P.C. for grant of anticipatory bail to the petitioner in connection with Kantabanji P.S. Case No.236 of 2021 corresponding to G.R. Case No.492 of 2021 pending before the learned J.M.F.C., Kantabanji for commission of alleged offences under sections 294-A, 420/34 of the Indian Penal Code and section 7 of the Lotteries (Regulation) Act.

Learned counsel for the petitioner submitted that during the course of investigation, two of the co-

// 2 // accused persons, namely, Vikash Soni and Kirti Putel were taken into custody and they have already been released on bail by the learned J.M.F.C., Kantabanji. Learned counsel for the petitioner has annexed the copy of the bail order and submitted that the petitioner has been implicated in the case basing on the confessional statements of the co-accused before police, the offences are triable by Magistrate and therefore, the prayer for anticipatory bail may be favourably considered.

Learned counsel for the State opposed the prayer for bail and submitted that the petitioner has got one criminal antecedent.

Considering the submissions made by the learned counsel for the respective parties, nature of accusation against the petitioner, release of the coaccused on bail and the fact that the offences are 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

// 3 // 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.

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 7th January 2022. ( S.K. Sahoo) Judge PKSahoo