Akhia Behera @ Ratnakar Behera v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.327 of 2022 Akhia Behera @ Ratnakar Behera ....

Petitioner Mr.J. K. Majhi, Advocate -versusState of Odisha ....

Opp. Party Mr. A.K. Behera, 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 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 C.T. Case No.969 of 2021 arising out of Chandipur P.S. Case No.90 of 2021 pending in the file of learned S.D.J.M., Balasore for alleged commission of offences under sections 272/273/34 of the Indian Penal Code read with section 52(a) of the Odisha Excise Act.

Learned counsel for the State on instruction submitted that there is no criminal antecedent

// 2 // against the petitioner.

Perused the F.I.R. annexed to the anticipatory bail application.

Considering the submission made by the learned counsel for the petitioner that the offence is triable by Magistrate, the background of the case and the nature of accusation against the petitioner, punishment prescribed for the offence and on hearing the learned counsel for the State, 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.

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

The ABLAPL is accordingly disposed of.

// 3 // Urgent certified copy of this order be granted on proper application ( S.K. Sahoo) Judge P