Anand Kumar Goyal v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.1958 of 2021 Anand Kumar Goyal ....

Petitioner Mr. P.K. Nayak, Advocate -versusState of Odisha ....

Opp. Party Mr. A.K. Beura, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

09.02.2022 03.

This matter is taken up through Hybrid arrangement (video conferencing/physical mode). Heard the learned counsel for the petitioner and learned counsel for the State.

This is an application under section 438 of Cr.P.C. for grant of anticipatory bail to the petitioner in connection with Kantabanji P.S. Case No.216 of 2019 corresponding to G.R. Case No.454 of 2019 pending in the Court of learned J.M.F.C., Kantabanji for the commission of the alleged offences punishable under sections 324, 506, 307/34 of the Indian Penal Code.

Learned counsel for the petitioner submitted that the informant Jagabandhu Behera lodged a written report against unknown persons on

// 2 // 06.10.2019 and during the course of investigation, the petitioner has been arrayed as an accused and the said Jagabandhu Behera has sustained simple injury as per the injury report annexed to the anticipatory bail application. Learned counsel further submitted that prior to the lodging of the F.I.R. by Jagabandhu Behera, the petitioner has also lodged an F.I.R.

against Jagabandhu Behera, which was registered vide Kantabanji P.S. Case No. 156 dated 28.10.2017 under sections 354, 380, 511, 323, 307 and 506 of the Indian Penal Code and as a counter blast to the said F.I.R., the present case has been foisted against the petitioner and therefore, the anticipatory bail application 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, since it is a case and counter case 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

// 3 // 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 any facts to the Courts or to the Investigating Officer. Violation of any of the conditions shall entail cancellation of bail. The ABLAPL is accordingly disposed of.

Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge PKSahoo