Kishore Kumar Panigrahy v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.1150 of 2022 Kishore Kumar Panigrahy ....
Petitioner Mr. R.K. Patnaik, Advocate -versusState of Odisha ....
Opp. Party Mr. A.K. Beura, Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
ORDER
09.02.2022 01.
Order No.
This matter is taken up through Hybrid Arrangement (Video Conferencing/Physical 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 C.T. Case No.20 of 2022 arising out of Thakurmunda P.S. Case No.15 of 2022 pending in the Court of learned J.M.F.C., Thakurmunda for alleged commission of offences under sections 294/323/307/ 506/34 of the Indian Penal Code.
Perused the first information reports annexed to the anticipatory bail application.
Learned counsel for the petitioner submitted
// 2 // that it is a case and counter case and from the side of the petitioner, Kumari Kabita Behera, Forest Guard of Thakurmunda lodged the first information report on 26.01.2022 against the informant Bhaskar Chandra Ghana and accordingly, a case under sections 294/354-A/506 of the Indian Penal Code was instituted and just as a counter blast to the said case, the present case has been instituted against the petitioner so also the said Kabita Behera for commission of offence under section 307 of the Indian Penal Code and other offences. He further submitted that there are no such materials against the petitioner so as to attract the ingredients of the offence under section 307 of the Indian Penal Code and in an exaggerated manner, the first information report was presented just to harass the petitioner 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, the nature of accusation 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
// 3 // 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.
Urgent certified copy of this order be granted on proper application.
( S.K. Sahoo) Judge RKM