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Orissa High CourtABLAPL/1386/2022allowed

Kalia @ Subash Behera v. State Of Odisha

2022-02-22Mr. Justice S.K.Sahoo3 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 1386 of 2022 Kalia @ Subash Behera ....

Petitioner Mr.A.K. Pattanaik (A), Advocate -versusState of Odisha ....

Opp. Party Mrs. Susamarani Sahoo Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO

ORDER

22.02.2022 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.1710 of 2019 arising out of Jajpur Road P.S. Case No.428 of 2019 pending in the Court of learned J.M.F.C., Jajpur Road for alleged commission of offences under section 379 of the Indian Penal Code.

Perused the F.I.R.

Considering the submissions made by the learned counsel for the petitioner that basing on the

// 2 // confessional statement of the co-accused before police, the petitioner has been arrayed as an accused in the case and the offence is triable by Magistrate and on hearing the learned counsel for the State who submitted that there is no criminal antecedent 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 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.

p ( S.K. Sahoo) Judge

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