Abinash Dash v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.1485 of 2022 Abinash Dash ....

Petitioner Mr. P.K. Rath, Advocate -versus1. State of Odisha

2. Chittaranjan Jena ....

Opp. Parties Mr. J.P. Patra, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

22.02.2022 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 Cr.P.C. for grant of anticipatory bail to the petitioner in connection with C.T. Case No.783 of 2021 arising out of Basta P.S. Case No.351 of 2021 pending in the Court of learned J.M.F.C., Basta for alleged commission of offences under sections 417/406/420/34 of the Indian Penal Code. Perused the F.I.R.

Learned counsel for the petitioner submitted that the case arises out of a complaint petition and the offences are triable by Magistrate and the dispute is basically civil in nature and the complainant's case

// 2 // is that he is to get the outstanding dues of Rs.13,38,730/- (rupees thirteen lakhs thirty eight thousand seven hundred thirty) clearly shows that he has utilized Criminal Court to settle his outstanding dues 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, the background of the case and since the offences are 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, 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.

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

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

( S.K. Sahoo) Judge RKM