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Orissa High CourtABLAPL/2151/2021allowed

Basanta Kumar Sahoo v. State Of Odisha

2022-05-18Mr. Justice S.K.Sahoo2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 2151 of 2021 Basanta Kumar Sahoo ....

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

Opp. Party Mrs.Susamarani Sahoo, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

18.05.2022 06.

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 Cr.P.C. for grant of anticipatory bail to the petitioner in connection with Khandagiri P.S. Case No.102 of 2021 corresponding to C.T. Case No. 932 of 2021 pending in the Court of learned S.D.J.M., Bhubaneswar for commission of alleged offences under sections 420/506/34 of the Indian Penal Code. Perused the F.I.R. annexed to the anticipatory bail application.

Learned counsel for the State has produced the instruction received from the Inspector in-charge of Khandagiri police station dated 17.05.2022 from which it appears that notice could not be served on the informant due to his non-

// 2 // availability since long and nobody could able to provide his present address. The instruction is taken on record. Considering the submission made by the learned counsel for the petitioner that the similarly situated co-accused has already been released on bail by this Court in BLAPL No. 5707 of 2021 as per order dated 05.08.2021, the offences are triable by Magistrate and taking into account the nature of accusation against the petitioner and the background of the case, 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 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