Debabrata Swain v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.1981 of 2021 Debabrata Swain ....

Petitioner Mr.A.N. Samantaray, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

15.02.2022 03.

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.100 of 2021 arising out of Paradip Lock P.S. Case No.24 of 2021 pending in the Court of learned J.M.F.C.(P), Kujanga for alleged commission of offences under sections 341/323/307/506/34 of the Indian Penal Code.

Perused the F.I.R.

Considering the submission made by the learned counsel for the petitioner that due to previous dispute between the parties, the case has been foisted and the

// 2 // petitioner is a student of BIT Poly, Balasore and there are no such materials against the petitioner so as to attract the ingredients of the offence under section 307 of the Indian Penal Code and on hearing the learned counsel for the State, who submitted that the injured persons have sustained simple injuries, 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.

Issue urgent certified copy as per the Rule.

( S.K. Sahoo) Judge P