Ashok Kumar Sahoo v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.14745 of 2021 Ashok Kumar Sahoo ....

Petitioner Mr.A.S. Paul, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

07.04.2022 02.

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

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 Khordha Sadar P.S. Case No. 164 of 2021 corresponding to G.R. Case No. 1308 of 2021 pending in the Court of learned S.D.J.M., Khordha for the commission of the alleged offences punishable under sections 419, 420, 423, 467, 468, 471/34 of the Indian Penal Code.

Learned counsel for the petitioner submitted that the case arises out of a complaint petition, which was forwarded under section 156(3) of Cr.P.C. to Khurda Sadar police station and accordingly, the case was registered. It is further submitted that the occurrence in question as per the complaint

// 2 // petition was in the year 2013, but all the same, the complaint petition was filed in 2021. It is further submitted that the dispute is basically civil in nature and the offences are triable by Magistrate and therefore, the anticipatory bail application may be favourably considered.

Learned counsel for the State opposed the prayer for anticipatory bail.

Considering the submissions made by the learned counsel for the respective parties and the nature of accusation against the petitioner and since the offences are triable by Magistrate, 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 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