Gagan Bihari Pradhan v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.515 of 2022 Gagan Bihari Pradhan ....

Petitioner Mr.P.K. Mishra, 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 Puruna Katak P.S. Case No.05 of 2022 corresponding to C.T. Case No. 10 of 2022 pending in the Court of learned J.M.F.C., Harabhanga at Charichhaka for the commission of the alleged offence punishable under section 307 of the Indian Penal Code.

Learned counsel for the petitioner submitted that in this case the informant is the injured, but there

// 2 // is no such accusation against the petitioner to make out a case under section 307 of the Indian Penal Code and there is no criminal antecedent against the petitioner. Learned counsel further submitted that the petitioner has been falsely entangled in the case and in connection with murder of his wife, the petitioner suspected the involvement of the informant and since there was police inaction, he approached this Court in CRLMP No. 167 of 2017 for a direction to the Superintendent of Police, CID CB to investigate into the matter, which was disposed of and the investigation is still continuing. It is further submitted that in view of the available materials on record, 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 and the nature of accusation against the petitioner, 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

// 3 // 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.

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