Dibya Jagdal v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.15795 of 2021 Dibya Jagdal ....

Petitioner Mr. D.R. Mishra, 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 Sambalpur Sadar P.S. Case No.143 of 2021 corresponding to G.R. Case No.2883 of 2021 pending in the Court of learned S.D.J.M., Sambalpur for alleged commission of offences under sections 274/275/34 of the Indian Penal Code.

Perused the FIR.

Learned counsel for the petitioner submitted that the first information report was lodged against

// 2 // four persons and the petitioner was not arrayed as an accused but during course of investigation, on the basis of confessional statement of co-accused before police, he has been arrayed as an accused and the co-accused persons have been arrested and released on bail and therefore, the anticipatory bail application of the petitioner may be favourably considered. He produced the copies of the order, which is taken on record.

Learned counsel for the State opposed the prayer for anticipatory bail and submitted that the petitioner escaped from the spot and the petitioner has got one criminal antecedent.

Considering the submissions made by the respective parties, the nature of accusation against the petitioner and release of co-accused persons on bail, 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

// 3 // so as to dissuade him from disclosing such facts to the Court or to the Investigating Officer with further condition that the petitioner shall appear before the Inspector in-Charge of Sambalpur Sadar police station once in a week on every Monday in between 10.00 a.m. to 4.00 p.m. for a period of two months. 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