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Orissa High CourtABLAPL/760/2022allowed

Santosh Kumar Panda v. State Of Odisha

2022-02-03Mr. Justice S.K.Sahoo2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.760 of 2022 Santosh Kumar Panda ....

Petitioner Mr.A. Tripathy, Advocate -versusState of Odisha ....

Opp. Party Mr.Arupananda Das Addl. Government Advocate

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

03.02.2022 01.

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 Badagada P.S. Case No.29 of 2018 corresponding to G.R. Case No.37 of 2018 pending in the Court of learned J.M.F.C., Sorada for alleged commission of offences under sections 341, 294, 323, 506/34 of the Indian Penal Code.

Perused the F.I.R. annexed to the anticipatory bail application.

Considering the submissions made by the learned counsel for the petitioner that the petitioner was not arrayed as an accused in the F.I.R. but at a subsequent stage he has been falsely entangled in the case, the offences are triable by Magistrate and the only non-bailable offence is one under

// 2 // section 506 of the Indian Penal Code and the co-accused persons have been granted anticipatory bail in ABLAPL No. 4987 of 2018 as per order dated 17.04.2018, copy of the bail order is annexed as Annexure-2 to the application 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. 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 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 PKSahoo