M. Pandu v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 1171 of 2022 M. Pandu ....

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

Opp. Party Mr. J.P. Patra Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO

ORDER

Order No.

08.02.2022 01.

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 of Cr.P.C. in connection with Kuakhia P.S. Case No.439 of 2021 corresponding to C.T. Case No.2808 of 2021 pending in the file of learned S.D.J.M., Jajpur for alleged commission of offence under section 379 of the Indian Penal Code.

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

// 2 // Learned counsel for the petitioner submitted that the F.I.R. was lodged against unknown persons and during course of investigation, co-accused Karan Rao was arrested and from his possession cash of Rs.2,20,000/- was seized and the said co-accused has already been released on bail by this Court in BLAPL No.837 of 2022 vide order dated 04.02.2022 and the petitioner has been implicated basing on the confessional statement of the said co-accused 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, release of the coaccused persons on bail and since the offence is 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

// 3 // 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. The ABLAPL is accordingly disposed of.

Urgent certified copy of this order be granted on proper application.

p ( S.K. Sahoo) Judge