Harachand Deuria v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.15670 of 2021 Harachand Deuria ....

Petitioner Mr. B.K. Nayak, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE S.K. SAHOO

ORDER

04.01.2022 01.

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 Sundargarh Town P.S. Case No.313 of 2021 corresponding to G.R. Case No. 1827 of 2021 pending in the Court of learned S.D.J.M., Sundargarh for alleged commission of offences under sections 341, 294, 506 of the Indian Penal Code read with section 25 and 27 of the Arms Act.

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

// 2 // Learned counsel for the petitioner submits that the petitioner is a journalist and Editor and publisher of daily Odia Newspaper "Pragatibadi". On 19.11.2021 issue of "Pragatibadi", the petitioner published a news item against the President of the District Press Club, Sundargarh, namely, Sunil Kumar Sinha and just as a counter blast to the said reporting, the F.I.R. has been lodged against the petitioner and the offences alleged are triable by Magistrate and therefore, the anticipatory bail application of the petitioner may be favourably considered.

Learned counsel for the State opposed the prayer for bail.

Considering the submissions of learned counsel for the respective parties, the nature of accusation against the petitioner, the background of the case and the fact that 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

// 3 // 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 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