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Orissa High CourtABLAPL/6553/2022allowed

Shivaram Pradhan @ Sibaram Pradhan v. State Of Odisha

2022-07-13Mr. Justice S.K.Sahoo3 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.6553 of 2022 Shivaram Pradhan @ Sibaram Pradhan ....

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

Opp. Party Mr.Manoranjan Mishra, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

13.07.2022 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 Talcher P.S. Case No.351 of 2022 corresponding to G.R. Case No.1184 of 2022 pending in the Court of learned S.D.J.M., Talcher for alleged commission of offences under sections 120-B/379/411 of the Indian Penal Code, section 51 of the Odisha Minor Mineral Concession Rules, 2016 and section 3 of the Prevention of Damage to Public Property Act, 1984.

// 2 // Perused the F.I.R.

Learned counsel for the petitioner submitted that the co-accused persons have already been taken into judicial custody and they have been granted bail and the offences are triable by Magistrate and therefore, the anticipatory bail application of the petitioner may be favourably considered.

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 and the offences are triable by Magistrate, 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 such facts to the Court or to the Investigating Officer.

Violation of any of the above conditions shall entail cancellation of bail.

// 3 // The ABLAPL is accordingly disposed of.

Urgent certified copy of this order be granted on proper application.

( S.K. Sahoo) Judge RKM