Shib Sankar Das v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.1594 of 2022 Shib Sankar Das ....

Petitioner Mr.D.K. Mohapatra, 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 Bhograi P.S. Case No.29 of 2022 corresponding to C.T. Case No.42 of 2022 pending in the Court of learned G.N.-cumJ.M.F.C., Bhograi for alleged commission of offences under sections 341, 323, 324, 294, 307 and 506 of the Indian Penal Code.

Learned counsel for the petitioner submitted that there was civil dispute between the parties and since the ingredients of the offence under section 307 of the Indian Penal Code are not attracted, the anticipatory bail application may be favourably considered.

// 2 // Learned counsel for the State opposed the prayer for anticipatory bail.

Perused the F.I.R. as well as the complaint petition filed by the petitioner against the informant annexed to the anticipatory bail application.

Considering the submissions of the learned counsel for the respective parties and the nature of accusation 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 try to come in contact with the victim or tamper with the evidence and he shall not indulge in any criminal activities.

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