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Orissa High CourtABLAPL/516/2020allowed

Subash Pradhan @ Bubuna Pradhan v. State Of Odisha

2022-01-11Mr. Justice S.K.Sahoo2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.516 of 2020 ....

Petitioner Subash Pradhan @ Bubuna Pradhan Mr. P.R. Chhatoi, Advocate -versusState of Odisha ....

Opp. Party Mr. A. Das Addl. Government Advocate

CORAM:

JUSTICE S.K. SAHOO

ORDER

Order No.

11.01.2022 02.

This matter is taken up through Video Conferencing Mode.

Heard 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 Banki P.S. Case No.01 of 2020 corresponding to G.R. Case No.07 of 2020 pending in the Court of learned S.D.J.M., Banki for alleged commission of offences under sections 341, 323, 324, 294, 506, 392 of the Indian Penal Code.

Learned counsel for the State on instruction submitted that the petitioner is having no criminal

// 2 // antecedent but the case has turned to one under section 394 of the Indian Penal Code.

Considering the submissions made by the learned counsel for the respective parties that the case has been falsely instituted against the petitioner on account of previous dispute between the parties and the offences are triable by Magistrate and the fact that the petitioner is having no criminal antecedent, 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 conditions shall entail cancellation of bail. The ABLAPL is accordingly disposed of.

Urgent certified copy of this order be granted on proper application.

P ( S.K. Sahoo) Judge