Mantu Pradhan v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.6405 of 2022 Mantu Pradhan ....

Petitioner Mr.P.K. Mishra, 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 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 Khuntuni P.S. Case No.73 of 2022 corresponding to C.T. Case No.168 of 2022 pending before the learned S.D.J.M., Athgarh for commission of alleged offences under sections 341/323/325/307/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that though the F.I.R. was registered under bailable offences, but during the course of investigation while forwarding the co-accused, namely, Bhagaban Pradhan, the offence under section 307 of the Indian Penal Code has been added, which is not disputed by the learned counsel for the State. Learned counsel for the

// 2 // petitioner has filed the forwarding report of the said coaccused, which is taken on record. Learned counsel for the State on verification of the case records, submitted that the injured is one Pabitra Kumar Panda and he has sustained grievous injuries as he was beaten by a stick.

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

Considering the submissions made by the learned counsel for the respective parties, nature of accusation against the petitioner, absence of specific overt act 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

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