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Orissa High CourtABLAPL/2354/2022allowed

Madhab Chandra Adhya v. Union Of India(Railway Dept.)

2022-03-30Mr. Justice S.K.Sahoo3 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.2354 of 2022 Madhab Chandra Adhya ....

Petitioner Mr.A.R. Panda, Advocate -versusUnion of India (Railway Department) ....

Opp. Party Mr.Kartik Jena, Standing Counsel, Railways

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 Standing Counsel for the Railways.

This is an application under section 438, Cr.P.C. for grant of anticipatory bail to the petitioner in connection with RPF Post Balasore P.S. Case No.530 of 2021 corresponding to 2(c)CC Case No.27 of 2021 pending in the court of learned S.D.J.M., Balasore for alleged commission of offences under sections 160(2) of the Railways Act, 1989.

Perused the F.I.R. annexed to the anticipatory bail application.

Considering the nature of accusation against the

// 2 // petitioner and since the offence is triable by Magistrate and keeping in view the punishment prescribed for the offence and that no material is produced by the Central Government Counsel that there is any criminal antecedent against the petitioner, 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 prosecuting agency 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.

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

( S.K. Sahoo) Judge P

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