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Orissa High CourtABLAPL/2965/2022allowed

Kalia @ Sarada Prasad Das v. State Of Odisha

2022-04-20Mr. Justice S.K.Sahoo2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.2965 of 2022 Kalia @ Sarada Prasad Das ....

Petitioner Mr.B. Nayak, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

20.04.2022 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 Khantapada P.S. Case No. 215 of 2021 corresponding to C.T. Case No. 688 of 2021 pending in the Court of learned J.M.F.C., (R), Balasore for the commission of the alleged offences punishable under sections 294, 323, 307/34 of the Indian Penal Code.

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

Learned counsel for the State has produced the injury report of the injured Srikrushna Dalei, which

// 2 // indicates that he has sustained simple injuries. The injury report filed by the learned counsel for the State is taken on record.

Considering the submission made by the learned counsel for the petitioner that there are no such materials to attract the ingredients of the offence under section 307 of the Indian Penal Code and further taking into account the nature of accusation 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 PKSahoo