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Orissa High CourtABLAPL/6347/2022allowed

Baidhara @ Prasanta Majhi v. State Of Odisha

2022-07-12Mr. Justice S.K.Sahoo3 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.6347 of 2022 Baidhara@ Prasanta Majhi ....

Petitioner Mr. J.K. Majhi, Advocate -versusState of Odisha ....

Opp. Party Mrs. Susamarani Sahoo Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

12.07.2022 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 C.T. Case No.456 of 2022 arising out of Chandipur P.S. Case No.45 of 2022 pending in the Court of learned S.D.J.M., Balasore for alleged commission of offences under sections 272/273/34 of the

// 2 // Indian Penal Code and section 52(a) of Odisha Excise Act, 2008.

Perused the F.I.R.

Learned counsel for the State has produced the written instruction dated 12.07.2022 received from the Inspector incharge of Chandpur police station which reveals that the petitioner is having no criminal antecedent. The written instruction is taken on record.

Considering the submission made by the learned counsel for the respective parties, after going through the first information report and the nature of accusation against the petitioner and absence of any criminal antecedent 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

// 3 // 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