Benudhar Jagat v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.3724 of 2022 Benudhar Jagat ....

Petitioner Mr.B.C. Ghadei, Advocate -versusState of Odisha ....

Opp. Party Mrs.Susamarani Sahoo, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

05.07.2022 01.

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 Khariar P.S. Case No.90 of 2022 corresponding to C.T. Case No.88 of 2022 pending in the Court of learned J.M.F.C., Khariar for alleged commission of offence under section 420 of the Indian Penal Code.

Perused the F.I.R.

Learned counsel for the petitioner submitted

// 2 // that the cheating amount involved in the case is Rs.40,000/- (rupees forty thousand) and the petitioner is ready and willing to deposit such amount before the learned Court below.

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 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 such facts to the Court or to the Investigating Officer and with further condition that the petitioner shall deposit a sum of Rs.40,000/- (rupees forty thousand) on or before 16.07.2022 before the learned J.M.F.C., Khariar.

// 3 // within the said date, the learned Magistrate shall issue N.B.W.(A) for arresting the petitioner.

Violation of any of the above conditions shall entail cancellation of bail.

The ABLAPL is accordingly disposed of.

A copy of the order be communicated to the learned Court below.

Urgent certified copy of this order be granted on proper application.

( S.K. Sahoo) Judge RKM