Satyasiv Sundar Dash v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.505 of 2022 Satyasiv Sundar Dash ....
Petitioner Mr.B.R. Mohanty, Advocate -versusState of Odisha ....
Opp. Party Mr.J.P.Patra, Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO Order No.
ORDER
02.02.2022 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 Sahadevkhunta P.S. Case No.06 of 2022 corresponding to C.T. Case No. 22 of 2022 pending in the Court of learned S.D.J.M., Balasore for the commission of the alleged offences punishable under sections 505, 469 and 500 of the Indian Penal Code.
Learned counsel for the petitioner submitted that the offences are triable by Magistrate and section
// 2 // 505 of the Indian Penal Code is the only non-bailable one and the F.I.R. has been lodged against unknown persons, but the petitioner has been falsely entangled in the case and therefore, the anticipatory bail application may be favourably considered.
Learned counsel for the State opposed the prayer for anticipatory bail, mainly on the ground that a banner of the Sub-Collector -cum- Executive Officer, Balasore Municipality at Fandi Chhak was hanging over the middle of the bridge and quoted the banner as upcoming Nagarpal candidate of Balasore Municipality. Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioner and the fact that the offences are triable by Magistrate 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 // 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