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Orissa High CourtABLAPL/6959/2022allowed

Pintu Hial v. State Of Odisha

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

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.6959 of 2022 Pintu Hial ....

Petitioner Mr. A. Mishra, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

13.07.2022 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 Jeypore Town P.S. Case No.66 of 2022 corresponding to G.R. Case No.280 of 2022 pending in the Court of learned S.D.J.M., Jeypore for alleged commission of offences under sections 147/148/323/326/341/307/149 of the Indian Penal Code.

Perused the F.I.R.

Learned counsel for the petitioner submitted

// 2 // that the petitioner Pintu Hial has not been named in the first information report as an accused and the main allegation is against co-accused Tushar Garada, who is in judicial custody and some of the co-accused persons have already been granted anticipatory bail by this Court and therefore, the anticipatory bail application of the petitioner may be favourably considered.

Learned counsel for the State does not dispute that the main allegation is against co-accused Tushar Garada.

Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioner and release of coaccused persons on anticipatory bail, 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

// 3 // 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