Tulu @ Laxmikanta Sahoo v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.6510 of 2022 Tulu @ Laxmikanta Sahoo ....

Petitioner Mr.S.K. Nayak, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

06.07.2022 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 Tihidi P.S. Case No.196 of 2018 corresponding to G.R. Case No. 927 of 2018 pending in the Court of learned S.D.J.M., Bhadrak for commission of alleged offences under sections 363/366-A of the Indian Penal Code.

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

// 2 // Learned counsel for the petitioner submits that though the case was initially registered under section 363 of the Indian Penal Code, which is a bailable offence, but now the same has turned to one under sections 363 and 366-A of the Indian Penal Code. He has produced the cognizance order along with the copy of the charge sheet which is taken on record. Learned counsel for the petitioner submitted that the victim is major girl and she stated about her love affairs with the petitioner and that she left her lawful guardianship on her own volition with the petitioner and in view of such statement, the ingredients of offences are not attracted.

Learned counsel for the State opposed the prayer for bail.

Considering the submissions made by the learned counsel for the respective parties and after going through the statement of the victim and copy of the charge sheet, 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.

// 3 // 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 P