Sultan Khan v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.364 of 2022 Sultan Khan ....
Petitioner Mr.S.K.Joshi, Advocate -versusState of Odisha ....
Opp. Party Mr.G.N. Rout Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO Order No.
ORDER
01.02.2022 01.
This matter is taken up through video conferencing 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 Kantabanji P.S. Case No.283 of 2021 corresponding to G.R. Case No. 587 of 2021 pending in the Court of learned J.M.F.C., Kantabanji for the commission of the alleged offences punishable under sections 370, 374, 420/34 of the Indian Penal Code and section 25 of the Inter-state Migrant Workmen (Regulation of Employment and Conditions of Service) Act 1979.
// 2 // Learned counsel for the petitioner submitted that due to shortage of work in the locality, the labourers were voluntarily opting to go to Secunderabad to work in brick kiln and for that purpose they were paid advance money and the petitioner was assisting them. Learned counsel further submitted that the ingredients of the offences are not attracted and therefore, the anticipatory bail application may be favourably considered.
Learned counsel for the State opposed the prayer for anticipatory bail.
Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioner and the background of the case, 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
// 3 // 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