Badal Dakua @ Kanha v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.5602 of 2022 Badal Dakua @ Kanha ....

Petitioner Mr. T.J. Pani, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

23.09.2022 02.

This matter is taken up through Hybrid arrangement (video conferencing/physical mode). Learned counsel for the State on instruction submitted that the petitioner is having no criminal antecedent.

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 Mancheswar P.S. Case No.406 of 2021 corresponding to C.T. Case No.6680 of 2021 pending in the Court of learned S.D.J.M., Bhubaneswar for alleged commission of offences under sections 294/506/323/354/509/34 of the

// 2 // Indian Penal Code.

Perused the F.I.R.

Learned counsel for the petitioner submitted that the petitioner earlier approached this Court for anticipatory bail in ABLAPL No.2483 of 2022 which was disposed of as withdrawn as per the order dated 18.05.2022. He further submitted that the offences are triable by Magistrate and in view of the nature of accusation, 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, the offences are triable by Magistrate and the petitioner is having no 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

// 3 // 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