N. Chiranjibi Rao v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.7661 of 2022 N. Chiranjibi Rao ....
Petitioner Mr. K.K. Mishra, Advocate -versusState of Odisha ....
Opposite Party Mr. B. Panigrahi, Additional Standing Counsel
CORAM:
SHRI JUSTICE B. P. ROUTRAY
ORDER
22.8.2022 Order No.
02.
1.
The matter is taken up through hybrid mode.
2.
Heard Mr. K.K. Mishra, learned counsel for the Petitioner and Mr. B. Panigrahi, learned Additional Standing Counsel for Opposite Party - State.
3.
This application under Section 439 Cr.P.C. is for grant of bail to the Petitioner N. Chiranjibi Rao in connection with Berhampur Town P.S. Case No.106 of 2022 corresponding to G.R. Case No.864 of 2022 pending in the court of learned S.D.J.M., Berhampur for alleged commission of offence under Sections 447/294/506/384/120B/465/468/471/34 of the Indian Penal Code. 4.
It is submitted that the Petitioner through his vender has the decree in his favour granted by the Civil Court. However, due to some dispute regarding possession of the land, a false case has been foisted against him at the instance of the informant who stated her to be the subsequent purchaser. It is submitted that the Petitioner is inside
custody since 4th May, 2022 and all the offences are triable by the court of Magistrate.
5.
Mr. Panigrahi, learned ASC opposes the prayer for bail by submitting that this Petitioner has antecedents of similar nature. 6.
Upon hearing both parties and considering the nature of allegations and the offences alleged thereof as well as the period of detention of the Petitioner inside custody, it is directed to release the Petitioner on bail in the aforesaid case on such terms and conditions to be fixed by the learned court in seisin over the matter including the condition that, the Petitioner shall not dissuade any witness directly or indirectly by way of inducement, threat or promise acquainted with the facts of the case from disclosing such facts before the Court or tamper with the evidence and shall not be involved in any other offence while on bail.
7.
The BLAPL is accordingly disposed of.
8.
An urgent certified copy of this order be issued as per rules. ( B.P. Routray) Judge M.K.Panda