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Orissa High CourtABLAPL/675/2020allowed

Bhagaban Biswal v. State Of Odisha

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

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.675 of 2020 Bhagaban Biswal ....

Petitioner Mr. T.P. Mohapara, Advocate -versusState of Odisha ....

Opp. Party Mr. A.K. Beura, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO

ORDER

11.01.2022 03.

Order No.

This matter is taken up by video conferencing mode. Heard learned counsel for the petitioner and learned counsel for the State.

This is an application under section 438 Cr.P.C. for grant of anticipatory bail to the petitioner in connection with G.R. Case No.2308 of 2019 arising out of Puri Sadar P.S. Case No.265 of 2019 pending in the Court of learned S.D.J.M., Puri for alleged commission of offences under sections 341/323/325/379/506 of the Indian Penal Code. Perused the F.I.R.

Considering the submission made by the learned counsel for the petitioner that due to previous dispute between the parties, the case has been foisted and the offences are triable by Magistrate and on hearing the learned counsel for the State, who submitted that the injured has sustained one simple injury and there is no

// 2 // criminal antecedent 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 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 such facts to the Court or to the Investigating Officer. Violation of any of the above 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 RKM