Tuku @ Brahmananda Sahu v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.3371 of 2022 Tuku @ Brahmananda Sahu ....

Petitioner Mr. P. Beura, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

18.05.2022 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 2(a) C.C. Case No.05 of 2022 arising out of P.R. No.123 of 2021-22 of O.I.C. Excise Station, Athagarh pending in the Court of learned J.M.F.C., Tigiria for alleged commission of offence under section 52(a)(i) of the Odisha Excise Act.

Perused the Prosecution Report.

Learned counsel for the State on instruction submitted that the petitioner is having no criminal

// 2 // antecedent.

Considering the submission made by the learned counsel for the petitioner that the offence is triable by Magistrate and taking into account the nature of accusation 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 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