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Orissa High CourtABLAPL/15706/2021allowed

Pinakee Mishra v. State Of Odisha

2022-01-11Mr. Justice S.K.Sahoo3 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.15706 of 2021 Pinakee Mishra ....

Petitioner Mr. B.C. Panda, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE S.K. SAHOO

ORDER

11.01.2022 02.

Order No.

This matter is taken up through Video Conferencing Mode.

Heard the 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 Mangalabag P.S. Case No.206 of 2021 arising out of I.C.C. Case No. 91 of 2021 pending in the Court of learned J.M.F.C. (City), Cuttack for alleged commission of offences under sections 341/323/294/ 506/354/457 of the Indian Penal Code.

Learned counsel for the State on instruction from the Inspector-in-charge of Mangalabag police station submitted that on the basis of the order passed by the

// 2 // learned J.M.F.C. (City), Cuttack on 22.04.2021 in I.C.C. Case No.91 of 2021, Mangalabag P.S. Case No.206 of 2021 was registered and on completion of investigation, charge sheet has been submitted on 28.09.2021 under sections 341, 323, 294, 506, 354, 448 of the Indian Penal Code.

Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioner, the case arises out of a complaint petition and 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 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.

Parties may utilize the soft copy of this order

// 3 // available in the High Court's website or print out thereof at par with certified copy in the manner prescribed vide Office Order dated 7th January 2022. ( S.K. Sahoo) Judge P