Doleswar Patra @ Papu v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.15692 of 2021 Doleswar Patra @ Papu ....

Petitioner Mr.A.K. Sahoo, Advocate -versusState of Odisha ....

Opp. Party Mr. Arupananda Das, Addl. Government Advocate

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

05.01.2022 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 Komna P.S. Case No.340 of 2021 corresponding to C.T. Case No.340 of 2021 pending in the Court of learned J.M.F.C. -cum- G.N.A., Komna for alleged commission of offences under sections 457/380 of the Indian Penal Code.

Perused the FIR.

Learned counsel for the petitioner submitted that the first information report was lodged against unknown persons but during course of investigation,

// 2 // some of the co-accused persons were taken into custody and from their possession, stolen motorcycles were recovered and they have already been released on bail and the petitioner is a juvenile and therefore, the anticipatory bail application of the petitioner may be favourably considered.

Learned counsel for the State opposed the prayer for bail and submitted that there is one criminal antecedent against the petitioner.

Considering the submissions made by the respective parties, the nature of accusation against the petitioner and since the offences are triable by Magistrate and further taking into account the release of co-accused persons on bail and the young age of the petitioner, 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 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