Manas Kumar Pradhan @ Manas Pradhan v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.1590 of 2022 Manas Kumar Pradhan @ Manas Pradhan ....

Petitioner Mr.S.K.Bhanjadeo, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

23.02.2022 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 Balugaon P.S. Case No.213 of 2021 corresponding to G.R. Case No.397 of 2021 pending before the learned J.M.F.C., Chilika for commission of alleged offences under sections 457 and 380 of the Indian Penal Code.

Learned counsel for the petitioner submitted that though the F.I.R. was lodged against unknown persons, but during the course of investigation one

// 2 // co-accused was arrested and basing on his confessional statement before the police, the petitioner has been arrayed as an accused and since the offences are triable by Magistrate, the prayer for anticipatory bail may be favourably considered. Learned counsel for the State on the other hand, produced the case diary and submitted that charge sheet has been submitted for the offence under sections 457 and 380 of the Indian Penal Code and non-bailable warrant has been issued against the petitioner.

Considering the submissions made by the learned counsel for the respective parties, nature of accusation against the petitioner, the offences are triable by Magistrate and since the petitioner's implication is based on the confessional statement of the co-accused before the police, 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

// 3 // 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 above conditions shall entail cancellation of bail.

The ABLAPL is accordingly disposed of.

Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge PKSahoo