Samaraj Harijan v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.517 of 2022 Samaraj Harijan ....

Petitioner Mr.T.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 Umerkote P.S. Case No.506 of 2021 corresponding to G.R. Case No. 781 of 2021 pending in the Court of learned J.M.F.C., Umerkote at Charichhaka for the commission of the alleged offences punishable under sections 341, 294, 323, 307, 427, 506/34 of the Indian Penal Code.

Learned counsel for the petitioner submitted that the F.I.R. was lodged against three accused

// 2 // persons and they were taken into custody and they have been released on bail. Learned counsel further submitted that so far as the petitioner is concerned, his implication in the case is based on the confessional statement of the co-accused before the police and he is having no criminal antecedents 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 and the nature of accusation against the petitioner and since the implication of the petitioner in the case is based on the confessional statement of the co-accused before the police and keeping in view the release of the coaccused persons on bail, 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

// 3 // 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