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Orissa High CourtABLAPL/14578/2021allowed

Lingaraj Chhura @ Linga Chhura v. State Of Odisha

2022-04-07Mr. Justice S.K.Sahoo3 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.14578 of 2021 Lingaraj Chhura @ Linga Chhura ....

Petitioner Mr.S.K. Dwibedi, Advocate -versusState of Odisha ....

Opp. Party Mr.D.K. Pani, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

07.04.2022 I.A. No. 1525 of 2021 02.

This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

This is an application for correction of the cause title of the anticipatory bail application.

Learned counsel for the petitioner submitted that in the cause title of the anticipatory bail application, the name of the district of the petitioner has been typed as 'Nabarangpur' instead of 'Bolangir' and the same be read as Bolangir. In view of such submission, in the cause title the name of the district of the petitioner typed as 'Nabarangpur' be read as 'Bolangir'.

I.A. is disposed of.

( S.K. Sahoo) Judge

// 2 // ABLAPL No.14578 of 2021 03.

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 Lathor P.S. Case No. 149 of 2021 corresponding to G.R. Case No. 894 of 2021 pending in the Court of learned S.D.J.M., Patnagarh for the commission of the alleged offences punishable under sections 370, 374, 420/34 of the Indian Penal Code.

Learned counsel for the petitioner submitted that the petitioner was not present at the scene of occurrence when the labourers along with their children were going to the place of work as they had no work in the place of their permanent residence and he has been implicated on the basis of of the statement of one Kailash Bhoi and therefore, the anticipatory bail application may be favourably considered. Learned counsel for the State on the other hand submitted that the labourers have implicated the petitioner and they were paid rupees five thousand in advance and were also assured to be given heavy amount after reaching the destination.

Considering the submissions made by the learned counsel for the respective parties and the nature of accusation against the petitioner, 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

// 3 // 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 PKSahoo