Bhajanlal Agrawal v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.766 of 2022 Bhajanlal Agrawal ....

Petitioner Mr.Jagabandhu Sahu, 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 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.14 of 2022 arising out of Loisinga P.S. Case No.15 of 2022 pending in the Court of learned J.M.F.C., Loisinga for alleged commission of offences under sections 294-A, 420, 120-B of the Indian Penal Code and section 7 of the Lotteries (Regulation) Act.

Learned counsel for the petitioner submitted that the offences are triable by Magistrate and the co-

// 2 // accused Ghanashyam Meher was found at the spot and during the course of investigation, he was served with a notice under section 41A of Cr.P.C. and on the basis of the confessional statement of the said coaccused, the petitioner has been falsely entangled in the case and therefore, the anticipatory bail application of the petitioner 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, since the implication of the petitioner is based on the confessional statement of the co-accused and the offences are triable by Magistrate, 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

// 3 // 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