Subrat Kumar Barik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.15828 of 2021 Subrat Kumar Barik ....

Petitioner Mr.S.Padhee, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

07.01.2022 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 Bangiriposi P.S. Case No.269 of 2021 corresponding to C.T. Case No.2513 of 2021 pending in the Court of learned S.D.J.M., Baripada for alleged commission of offences under sections 417/408 of the Indian Penal Code.

Perused the FIR.

Learned counsel for the petitioner submitted that the petitioner was working as a team leader in Sitics Logostics Pvt. Ltd. and due to previous dispute

// 2 // with the Assistant Manager, he has foisted this case. It is further submitted that the offences are triable by Magistrate and it is suspected that the petitioner collected money amounting to Rs.1,02,908/- (rupees one lakh two thousand nine hundred eight) which was missing from the Hub. It is further submitted that in view of the nature of accusation against the petitioner, he may be granted anticipatory bail.

Learned counsel for the State opposed the prayer for anticipatory bail and submitted that interrogation of the petitioner may be necessary. Considering the submissions made by the respective parties, the nature of accusation against the petitioner and since 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 one surety for the like amount to the satisfaction of the arresting officer with further conditions that 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 with further conditions that the petitioner shall appear before the Investigating Officer on 17.01.2022 without fail and

// 3 // he shall cooperate with the investigation of the case and he shall further appear before the Investigating Officer as and when required and to that effect, written notice should be given to the petitioner in advance and if the petitioner does not appear on the date fixed and not cooperate with the investigation, the prosecution is at liberty to take steps for cancellation of anticipatory bail.

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.

( S.K. Sahoo) Judge RKM