Kanhu Charan Majhi v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.856 of 2022 Kanhu Charan Majhi ....

Petitioner Mr.D.Mishra, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

03.02.2022 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 Soro P.S. Case No.441 of 2021 corresponding to C.T. Case No. 943 of 2021 pending in the Court of learned J.M.F.C., Soro for the commission of the alleged offences punishable under sections 498-A, 323, 458, 307, 506, 109/34 of the Indian Penal Code and section 4 of the Dowry Prohibition Act.

Learned counsel for the petitioner submitted

// 2 // that the petitioner is not the in-law's family member of the informant and he has been falsely entangled in the case as he is one of the friends of the husband of the informant and since the ingredients of the offences are not made out against the petitioner, the anticipatory bail application may be favourably considered.

Learned counsel for the State, on the other hand, opposed the prayer for anticipatory bail. Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioner and since the petitioner has been implicated on the ground that he is the friend of the informant's husband and was supporting the husband, 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

// 3 // 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