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Orissa High CourtABLAPL/818/2022allowed

Lokanath Rout@ Loknath Rout v. State Of Odisha

2022-02-03Mr. Justice S.K.Sahoo3 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 818 of 2022 Lokanath Rout @ Loknath Rout ....

Petitioner Mr. B.R. Behera, Advocate -versusState of Odisha ....

Opp. Party Mr. Deepak Ranjan Parida, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO

ORDER

Order No.

03.02.2022 01.

1.

This matter is taken up by video conferencing mode.

2.

Heard learned counsel for the petitioner and learned counsel for the State.

3.

This is an application under section 438 of Cr.P.C. for grant of anticipatory bail to the petitioner in connection with Jagatpur P.S. Case No.22 of 2022 corresponding to G.R. Case No. 98 of 2022 pending in the Court of learned J.M.F.C. (R), Cuttack for alleged commission of offences under sections 447/506 of the Indian Penal Code.

4.

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

// 2 // bail application.

5.

Considering the submissions made by the learned counsel for the petitioner that there was existence of civil dispute between the parties relating to the boundary wall, for which the case has been foisted and the offences are triable by Magistrate, the only nonbailable offence is under section 506 of the Indian Penal Code and after 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 conditions shall entail cancellation of bail. 6.

The ABLAPL is accordingly disposed of.

7.

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

// 3 // prescribed vide Office Order dated 7th January 2022. p ( S.K. Sahoo) Judge