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Orissa High CourtABLAPL/6228/2022allowed

Bikash Jaiswal @ Bikash Kumar Jaiswal v. State Of Odisha

2022-06-28Mr. Justice S.K.Sahoo2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.6228 of 2022 Bikash Jaiswal @ Bikash Kumar Jaiswal ....

Petitioner Mr.M.K. Mohapatro, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

28.06.2022 01.

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

Heard the 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 Chandiposh P.S. Case No.10 of 2021 corresponding to G.R. Case No. 88 of 2021 pending in the Court of learned S.D.J.M., Bonai for commission of alleged offences under sections 379, 420, 294, 506, 411, 408/34 of the Indian Penal Code and section 21 of the Mines and Minerals (Development and Regulation) Act, 1957.

Perused the F.I.R. annexed to the anticipatory bail application.

Considering the submission made by the learned counsel for the petitioner that the similarly situated co-

// 2 // accused persons have already been granted anticipatory bail in ABLAPL No. 6547 of 2021 and ABLAPL No. 4769 of 2021, copies of the bail orders have been annexed to the anticipatory bail application and on hearing the learned counsel for the State, who submitted that on completion of investigation, charge sheet has been submitted, which does not indicate availability of criminal antecedents 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 any facts to the Courts or to the Investigating Officer. Violation of any of the above conditions shall entail cancellation of bail.

The ABLAPL is accordingly disposed of.

Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge PKSahoo