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Orissa High CourtABLAPL/2809/2022allowed

Sankar Naik v. State Of Odisha

2022-05-04Mr. Justice S.K.Sahoo2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.2809 of 2022 Sankar Naik ....

Petitioner Mr. A.C. Rath, Advocate -versusState of Odisha ....

Opp. Party Mr.A. Das, Addl. Government Advocate

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

04.05.2022 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 Banki P.S. Case No.78 of 2022 corresponding to G.R. Case No. 108 of 2022 pending in the Court of learned S.D.J.M., Banki for commission of alleged offences under sections 506/420 of the Indian Penal Code.

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

Learned counsel for the State on instruction

// 2 // submitted that though the case was registered under sections 506/420 of the Indian Penal Code but during course of investigation, the case has turned to one under section 406 of the Indian Penal Code.

Considering the nature of accusation against the petitioner, the fact that the offences are triable by Magistrate and on hearing the learned counsel for the State, 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 P