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Orissa High CourtABLAPL/6721/2022allowed

Akhaya Nath v. State Of Odisha

2022-07-12Mr. Justice S.K.Sahoo2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.6721 of 2022 Akhaya Nath ....

Petitioner Mr.S. Mohanty, Advocate -versusState of Odisha ....

Opp. Party Mrs. Susamarani Sahoo, 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 the learned counsel for the petitioner and learned counsel for the State.

This is an application under section 438 of Cr.P.C. for grant of anticipatory bail to the petitioner in connection with Biridi P.S. Case No. 84 of 2022 corresponding to G.R. Case No. 696 of 2022 pending in the Court of learned S.D.J.M., Jagatsinghpur for the commission of the alleged offences punishable under sections 341, 323, 294, 448, 307, 506 and 34 of the Indian Penal Code.

Learned counsel for the State on instruction submitted that there is only one injured in this case namely, Arun Kumar Nath and he has sustained simple injury.

Considering the submission made by the learned counsel for the petitioner that the ingredients of the offence

// 2 // under section 307 of the Indian Penal Code are not attracted and taking into account the nature of accusation against the petitioner and the nature of injury sustained by the injured, 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.

The ABLAPL is accordingly disposed of.

Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge P