Rajesh Kumar Giri @ Bapi v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.15794 of 2021 Rajesh Kumar Giri @ Bapi ....

Petitioner Mr. M.K. Mohapatra, 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 Basta P.S. Case No.320 of 2021 corresponding to C.T. Case No.707 of 2021 pending in the Court of learned J.M.F.C., Basta for alleged commission of offence under section 384/34 of the Indian Penal Code.

Perused the FIR.

Learned counsel for the petitioner submitted that the petitioner has not been arrayed as an

// 2 // accused in the first information report but his brother-in-law Bapnu is an accused and the police threatened the petitioner to arrest him in connection with the case unless he disclosed the whereabouts of his brother-in-law for which the petitioner has filed this anticipatory bail.

Learned counsel for the State opposed the prayer for bail.

Considering the submissions made by the respective parties, the nature of accusation against the petitioner and since the name of the petitioner does not find place in the first information report and taking into account the background of the case, 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.

Violation of any of the above conditions shall

// 3 // 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