Waris Hussain v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 1524 of 2021 Waris Hussain ....

Petitioner Mr.S.S. Satapathy, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

09.03.2022 03.

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. for grant of anticipatory bail to the petitioner in connection with Jhumpura P.S. Case No.13 of 2021 corresponding to G.R. Case No.29 of 2021 pending in the Court of learned S.D.J.M., Champua for alleged commission of offences under sections 420/506 of the Indian Penal Code.

Learned counsel for the State on instruction submitted that the petitioner is having no criminal antecedent.

// 2 // Considering the submissions made by the learned counsel for the petitioner that the petitioner was the agent of the informant and the dispute between the parties is basically civil in nature and offences are triable by Magistrate and the fact that the petitioner is having no criminal antecedent 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. The ABLAPL is accordingly disposed of.

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

p ( S.K. Sahoo) Judge

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