Prasanta Kumar Parida @ Prasanta Parida v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.6688 of 2022 Prasanta Kumar Parida @ Prasanta Parida ....
Petitioner Mr. D.K. Dash, Advocate -versusState of Odisha ....
Opp. Party Mr. Manoranjan Mishra, Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO Order No.
ORDER
12.07.2022 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 Tirtol P.S. Case No.270 of 2022 corresponding to G.R. Case No.249 of 2022 pending in the Court of learned J.M.F.C., Tirtol for alleged commission of offences under sections 341/323/294/ 506 of the Indian Penal Code read with sections 25 and 27 of the Arms Act.
Perused the F.I.R.
Learned counsel for the petitioner submitted
// 2 // that it is a case and counter case 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 has produced the case diary and submitted that though the case was registered under sections 25 and 27 of the Arms Act but during the investigation, no material was found in respect of such offences.
Considering the submissions made by the learned counsel for the respective parties, since at present section 506 of the Indian Penal Code is the non-bailable offence as per the prosecution case, 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.
// 3 // 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