Hemanta Mallick v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.15759 of 2021 Hemanta Mallick ....

Petitioner Mr.A.R. Panda, Advocate -versusState of Odisha ....

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

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 Mangalpur P.S. Case No.557 of 2021 corresponding to C.T. Case No.2481 of 2021 pending in the court of learned S.D.J.M., Jajpur for alleged commission of offences under sections 341, 323, 294, 325/506 of the Indian Penal Code. Perused the F.I.R. annexed to the anticipatory bail application.

Considering the submission made by the learned counsel for the petitioner that it is a case and counter case and the offences are triable by Magistrate and the only nonbailable offence is under section 506 of the Indian Penal

// 2 // Code, the injured informant has sustained simple injuries and the petitioner has got two criminal antecedents and one nonF.I.R. case has also been registered against the petitioner and after 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 appear before the Inspector incharge of Mangalpur police station once in a week preferably on every Monday for a period of two months and shall not threaten 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 above conditions shall entail cancellation of bail.

The ABLAPL is accordingly disposed of.

Issue urgent certified copy as per Rules.

PKSahoo ( S.K. Sahoo) Judge