Balu @ Brajesh Ku Mohanty v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.12177 of 2022 Balu @ Brajesh Ku Mohanty ....

Petitioner Mr. D. Sahoo, Advocate -versusState of Odisha ....

Opp. Party Mr. S. Patra, A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

24.09.2022 01.

1.

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2.

Heard learned counsel for the petitioners and learned Additional Standing Counsel for the State.

3.

This is an application under section 438 Cr.P.C. for grant of anticipatory bail to the petitioner in connection with C.T. Case No.177 of 2022 arising out of Sadar P.S. Case No.58 of 2022 pending in the Court of learned J.M.F.C. (Rural), Balasore for alleged commission of offences under sections 341/186/294/ 353/307/506/34 of the Indian Penal Code read with sections 25 and 27 of the Arms Act.

4.

Perused the F.I.R. as well as materials placed before this Court.

5.

It is submitted by learned counsel for the petitioner that on similar footing with the present petitioner, another co-accused has already been released on bail by this court in ABLAPL No.1888 of 2022 vide order dated 08.03.2022.

// 2 // 6.

Considering the submission made by the learned counsel for the petitioner that the petitioner is a student of Fakir Mohan Higher Secondary School, Balasore as per the identity card annexed to the anticipatory bail application as Annexure-3 and further submission that nobody from the side of the informant has sustained any injury and taking into account the age of the petitioner and on hearing the learned counsel for the State, 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 and with further condition that he shall cooperate with the investigation. 7.

Violation of any of the above conditions shall entail cancellation of bail.

8.

Accordingly, the ABLAPL is disposed of.

Urgent certified copy of this order be granted on proper application.

( A.K. Mohapatra) Judge Jagabandhu