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Orissa High CourtABLAPL/460/2022allowed

Lima@ Bhima@ Alok Rout v. State Of Odisha

2022-02-01Mr. Justice S.K.Sahoo3 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.460 of 2022 Lima @ Bhima @ Alok Rout ....

Petitioner Mr. B.K.Ragada, Advocate -versusState of Odisha ....

Opp. Party Smt. Susamarani Sahoo, 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 as well as learned counsel for the informant.

This is an application under section 438 of Cr.P.C. for grant of anticipatory bail to the petitioner in connection with Barang P.S. Case No.289 of 2021 corresponding to G.R. Case No. 3161 of 2021 pending in the Court of learned J.M.F.C. (R), Cuttack for the commission of the alleged offences punishable under sections 341, 294, 323, 324, 506/34 of the Indian Penal Code.

Learned counsel for the petitioner submitted

// 2 // that though the case was initially registered under the Magistrate triable offences, but when the co-accused persons were taken into custody and forwarded to the Court, sections 307 and 114 of the Indian Penal Code were added. Learned counsel further submitted that the co-accused persons have already been released on bail. It is further submitted that some of the coaccused persons have also approached this Court for anticipatory bail in ABLAPL No. 68 of 2022 and they were directed to surrender and be released on bail as per order dated 28.01.2022 and therefore, the anticipatory bail application may be favourably considered.

Learned counsel for the State, on the other hand, 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, release of the coaccused persons on bail 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.

// 3 // 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 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