Khalid Raza v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.3379 of 2022 Khalid Raza ....

Petitioner Ms. N. Swain, Advocate -versusState of Odisha ....

Opp. Party Mr. A.K. Beura, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

11.05.2022 01.

This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

Heard Ms. Nayana Swain, 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.510 of 2022 arising out of Sundargarh Town P.S. Case No.106 of 2022 pending in the Court of learned S.D.J.M., Sundargarh for alleged commission of offences under sections 379/34 of the Indian Penal Code read with section 21 of the Mines and Minerals (Development and Regulation Act, 1957).

Perused the F.I.R.

Considering the submissions made by the learned counsel for the petitioner that the implication of the petitioner in the case is based on the confessional

// 2 // statement of co-accused before police and the petitioner has been falsely implicated in the case and the offences are triable by Magistrate and on hearing the learned counsel for the State who submitted that the petitioner has got one criminal antecedent, 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 P