Saif Ali v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 15816 of 2021 Saif Ali ....

Petitioner Mr. R.K. Das, Advocate -versusState of Odisha ....

Opp. Party Ms. Susamarani Sahoo, 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 of Cr.P.C. for grant of anticipatory bail to the petitioner in connection with G.R. Case No.321 of 2020 arising out of Thelkoli P.S. Case No. 16 of 2020 pending in the Court of learned S.D.J.M., Sambalpur for alleged commission of offences under section 408 of the Indian Penal Code. Perused the FIR annexed to the anticipatory bail application.

// 2 // Learned counsel for the petitioner submitted that the petitioner was the Asst. Manager, Jio point and the informant was the Manager and there was some dispute between two for which the petitioner left the service but thereafter this false case has been foisted on the accusation that the petitioner misappropriated router, mobile and voucher worth of Rs.57,995/-. He further submitted that the offence is triable by Magistrate and therefore, the bail application of the petitioner may be favourably considered.

Learned counsel for the State opposed the prayer for bail.

Considering the submissions of learned counsel for the respective parties, the background of the case, nature of accusation against the petitioner and the fact that the offence is 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

// 3 // 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.

Urgent certified copy of this order be granted on proper application.

( S.K. Sahoo) Judge P