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Orissa High CourtABLAPL/6119/2022allowed

Prakash Baliarsingh @ Kuna Baliarsingh v. State Of Odisha

2022-07-05Mr. Justice S.K.Sahoo3 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.6119 of 2022 Prakash Baliarsingh @ Kuna Baliarsingh ....

Petitioner Mr.B.P. Chhualsingh, Advocate -versusState of Odisha ....

Opp. Party Mr.Rajesh Tripathy, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

05.07.2022 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 G.R. Case No.183 of 2022 arising out of Delang P.S. Case No.75 of 2022 pending in the Court of learned J.M.F.C., Pipili for alleged commission of offences under sections 341/294/307/324/34 of the Indian Penal Code.

Perused the F.I.R.

Learned counsel for the State has obtained

// 2 // written instruction from the Inspector in-charge of Delanga police station to the effect that the injured Kartik Pradhan has been discharged from the hospital and he placed the statement of one of the injured which indicates that the co-accused Sagar Nayak assaulted the injured by means of a knife and so far as the allegation against the petitioner and other coaccused persons seems to be omnibus in nature. The written instruction is taken on record.

Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioner and the fact that the main allegation has been attributed against the co-accused Sagar Nayak, 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.

// 3 // 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