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Orissa High CourtABLAPL/1794/2022allowed

Sarat Sundaray v. State Of Odisha

2022-03-03Mr. Justice S.K.Sahoo2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.1794 of 2022 Sarat Sundaray ....

Petitioner Mr. Alekha Kumar Sahoo, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

03.03.2022 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 G.R. Case No.268 of 2022 arising out of Baghamari P.S. Case No.15 of 2022 pending in the Court of learned S.D.J.M., Khurda for alleged commission of offence under section 379/34 of the Indian Penal Code.

Perused the F.I.R.

Considering the submissions made by the learned counsel for the petitioner that the petitioner has been falsely entangled in the case and he is the owner of the offending vehicle and on the basis of confessional

// 2 // statement of co-accused before police, the petitioner has been arrayed as an accused and that the offence is triable by Magistrate and on 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 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.

( S.K. Sahoo) Judge RKM