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Orissa High CourtABLAPL/2271/2022allowed

Srimanta Kumar Mohanty v. State Of Odisha

2022-03-30Mr. Justice S.K.Sahoo2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.2271 of 2022 Srimanta Kumar Mohanty ....

Petitioner Mr.Dayananda Mohapatra, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

30.03.2022 02.

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.186 of 2022 arising out of Kasia Marine P.S. Case No.24 of 2022 pending in the Court of learned J.M.F.C., Basudevpur for alleged commission of offences under sections 294/452/323/324/325/354/354-B/ 307/506/34 of the Indian Penal Code.

Perused the F.I.R.

Considering the submissions made by the learned counsel for the petitioner that it is a case and counter case and the case arises out of a political dispute during

// 2 // last Gram Panchayat election 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 placed the injury report of injured Sarbeswar Mohanty, who has sustained three 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.

Urgent certified copy of this order be granted on proper application.

( S.K. Sahoo) Judge RKM