← Library
Orissa High CourtABLAPL/6398/2022allowed

Bapuni Behera v. State Of Odisha

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

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.6398 of 2022 Bapuni Behera ....

Petitioner Mr.R.K. Pradhan, Advocate -versusState of Odisha ....

Opp. Party Mr.Rajesh Tripathy, 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 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 Biridi P.S. Case No.79 of 2022 corresponding to G.R. Case No. 686 of 2022 pending in the file of learned S.D.J.M., Jagatsinghpur for alleged commission of offences under sections 341/323/326/307/294/506/34 of the Indian Penal Code.

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

// 2 // Learned counsel for the petitioner submitted that two of the co-accused persons, who have been taken into judicial custody, have been released on bail by the learned Sessions Judge, Jagatsinghpur as per order dated 31.05.2022 in BLAPL No. 220 of 2022 and the injured has sustained simple injuries, which is evident from the said bail order and therefore, the anticipatory bail application of the petitioner may be favourably considered. He files the bail order copy of the learned Sessions Judge, Jagatsinghpur, which is taken on record.

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 injuries sustained by the injured and release of the co-accused persons on bail, 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

// 3 // 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.

Issue urgent certified copy of this order on proper application.

( S.K. Sahoo) Judge PKSahoo