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Orissa High CourtABLAPL/15516/2021allowed

Suresh Kumar Padhy v. State Of Odisha

2022-01-04Mr. Justice S.K.Sahoo2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.15516 of 2021 Suresh Kumar Padhy ....

Petitioner Mr.B.Mohanty, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

04.01.2022 01.

This matter is taken up through Hybrid arrangement (video conferencing/physical mode). Heard learned counsel for the petitioner and learned counsel for the State.

This is an application under section 438 Cr.P.C. for grant of anticipatory bail to the petitioner in connection with Berhampur Town P.S. Case No.222 of 2021 corresponding to G.R. Case No.1889 of 2021 pending in the court of learned S.D.J.M., Berhampur for alleged commission of offences under sections 420, 468, 294, 323, 354, 506 of the Indian Penal Code. Perused the F.I.R. annexed to the anticipatory bail application.

Considering submission made by the learned counsel for the petitioner that the case arises out of a

// 2 // complaint case, which was subsequently registered as a P.S. Case after it was sent to the concerned police station under section 156(3) of Cr.P.C. and the dispute between the parties is basically civil in nature and the offences alleged are triable by Magistrate 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 any facts to the Courts or to the investigating Officer.

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

The ABLAPL is accordingly disposed of.

Issue urgent certified copy as per Rules.

PKSahoo ( S.K. Sahoo) Judge