Bhagaban Jena v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.13186 of 2022 Bhagaban Jena ....

Petitioner Mr. Rituranjan Chhotaray, Advocate -versusState of Odisha ....

Opposite Party Mr. Sitikant Mishra, A.S.C.

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

14.10.2022 Order No.

01.

1.

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

2.

Heard learned counsel for the Petitioner, learned Addl. Standing Counsel for the State. Perused the records. 3.

This is an application under Section 438, Cr.P.C. for grant of anticipatory bail to the Petitioner in connection with Baideswar P.S. Case No.55 of 2022 corresponding to G.R. Case No.140 of 2022 pending in the court of the learned S.D.J.M., Banki for alleged commission of offences under sections 147, 148, 323, 354, 354(B), 427, 452, 380, 506/149 of the Indian Penal Code . 4.

Considering the submissions made by the learned counsel for the Petitioner that there is case and counter case due to political dispute between the parties during the last Gram Panchayat election, the present case has been instituted against the Petitioner and the offences are triable by Magistrate. After hearing the learned counsel

// 2 // 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 by 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. Violation of any conditions shall entail cancellation of bail of the Petitioner. 5.

The ABLAPL is disposed of accordingly.

6.

Urgent certified copy of this order be granted as per rules. (A.K. Mohapatra) Judge S.K. Parida