Naba Gouda v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.2240 of 2022 Naba Gouda ....

Petitioner Mr.Arijeet Mishra, Advocate -versusState of Odisha ....

Opp. Party Mr. D.K. Pani, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

22.03.2022 01.

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 Baipariguda P.S. Case No. 138 of 2021 corresponding to G.R. Case No. 735 of 2021 pending in the Court of learned S.D.J.M., Jeypore for the commission of the alleged offences punishable under sections 147, 148, 324, 326, 307, 332, 333, 353/149 of the Indian Penal Code and section 25(1-B) (b) of the Arms Act.

Perused the first information report annexed to the anticipatory bail application.

Considering the submission made by the learned counsel for the petitioner that on the basis of the statement of

// 2 // two co-accused persons, namely, Prasad Gouda and Binod Dakua, the petitioner has been falsely entangled in the case, there is no such material to attract the ingredients of the offence under section 307 of the Indian Penal Code and after hearing the learned counsel for the State, who submitted that nobody has sustained any injury during the course of occurrence and taking into account 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.

The ABLAPL is accordingly disposed of.

Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge PKSahoo