Babulu Biswal@ Pitabasa Biswal v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.3214 of 2022 Babulu Biswal @ Pitabasa Biswal ....

Petitioner Mr. G. Sahu, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

05.05.2022 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 Cr.P.C. for grant of anticipatory bail to the petitioner in connection with G.R. Case No.250 of 2022 arising out of Gaisilat P.S. Case No.58 of 2022 pending in the Court of learned S.D.J.M., Padampur for alleged commission of offences under sections 143/147/148/ 341/323/427/307/325/395/149 of the Indian Penal Code.

Perused the F.I.R.

Learned counsel for the petitioner submitted

// 2 // that the occurrence took place was aftermath of an accident in which a college going girl died and there was agitation and road blockage and the accusations are omnibus in nature and the ingredients of the offence under section 395 of the Indian Penal Code are not attracted and therefore, the anticipatory bail application of the petitioner may be favourably considered.

Learned counsel for the State opposed the prayer for anticipatory bail.

Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioner and absence of any specific overt act 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 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

// 3 // 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