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Orissa High CourtABLAPL/15622/2021allowed

Dr. Dwarikanath Maharana @ Dwarika Maharana v. State Of Odisha

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

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.15622 of 2021 Dr. Dwarikanath Maharana @ Dwarika Maharana ....

Petitioner Mr. S.G. Das, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE S.K. SAHOO

ORDER

04.01.2022 01.

This matter is taken up through Hybrid Order No.

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 G.R. Case No.1543 of 2021 arising out of Khallikote P.S. Case No.697 of 2021 pending in the Court of learned J.M.F.C., Khallikote for alleged commission of offences under sections 341/323/326 of the Indian Penal Code. Perused the F.I.R.

Considering the submission made by the learned counsel for the petitioner that it is a case and counter case and on account of construction of a toilet, dispute arose

// 2 // between the parties, which has already been amicably settled as per Annexure-3 and that the offences 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 such facts to the Court 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.

( S.K. Sahoo) Judge RKM