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Orissa High CourtABLAPL/6572/2022allowed

Afsar @ Md.Afsar v. State Of Odisha

2022-07-06Mr. Justice S.K.Sahoo2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.6572 of 2022 Afsar @ Md. Afsar ....

Petitioner Mr. D.K. Mohapatra, 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 G.R. Case No.834 of 2022 arising out of Talsara P.S. Case No.102 of 2022 pending in the Court of learned S.D.J.M., Sundargarh for alleged commission of offences under section 394/34 of the Indian Penal Code read with sections 25/27 of the Arms Act.

Perused the F.I.R.

Learned counsel for the State has produced the written instruction received from the Inspector incharge of Talsara police station which reveals that the

// 2 // petitioner is having no criminal antecedent.

The written instruction is taken on record.

Considering the submission made by the learned counsel for the petitioner that the offences are triable by Magistrate and the nature of accusation 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 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 RKM