Badal Marandi v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.15530 of 2021 Badal Marandi ....

Petitioner Mr. P.K. Jena, 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 Sahadevkhunta P.S. Case No.260 of 2021 corresponding to C.T. Case No.736 of 2021 pending in the Court of learned S.D.J.M., Balasore for alleged commission of offences under sections 341/323/394/307/294/506/34 of the Indian Penal Code read with section 27 of the Arms Act.

Perused the FIR.

Learned counsel for the petitioner submitted that the first information report was lodged against

// 2 // six persons and the petitioner has not been arrayed as an accused but at the subsequent stage, on the accusation that he was associate of the F.I.R. named accused persons, the case has been foisted against him and the main allegation of assault is against coaccused Potal and Manu and therefore, the anticipatory bail application of the petitioner may be favourably considered.

Learned counsel for the State opposed the prayer for bail and placed the first information report. Considering the submissions made by the respective parties, the nature of accusation against the petitioner and since there is no allegation of assault against the petitioner in the first information report, 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 one surety 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.

// 3 // Violation of any of the above conditions shall entail cancellation of bail.

The ABLAPL is accordingly disposed of.

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

RKM ( S.K. Sahoo) Judge