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Orissa High CourtABLAPL/15569/2021allowed

Deepak Kumar Sahoo @ Dipak Sahoo v. State Of Odisha

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

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 15569 of 2021 Deepak Kumar Sahoo @ Dipak Sahoo ....

Petitioner Mr.P. Beura, Advocate -versusState of Odisha ....

Opp. Party Mr. J.P. Patra Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO

ORDER

07.04.2022 04.

Order No.

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 of Cr.P.C. for grant of anticipatory bail to the petitioner in connection with 2(a)C.C. Case No.10 of 2021 (PR No.107 of 2020-21 submitted by OIC, Excise Station, Athagarh pending in the Court of learned J.M.F.C., Tigiria for alleged commission of offence under section 52 (a)(i) of the Odisha Excise Act, 2008. Learned counsel for the State has produced the

// 2 // written instruction received from the Officer-incharge of Athagarh Excise Station, Athagarh, in which it is mentioned that the petitioner is having no criminal antecedent. Written instruction is taken on record.

Perused the F.I.R. annexed to the anticipatory bail application.

Considering the submission made by the learned counsel for the petitioner that the offence is triable by Magistrate and taking into account the nature of accusation against the petitioner, punishment prescribed for the offence 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

// 3 // Courts or to the investigating Officer.

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.

p ( S.K. Sahoo) Judge