Shyama Sundar Ram v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.15830 of 2021 Shyama Sundar Ram ....

Petitioner Mr.J.Sahoo, 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 Khurda P.S. Case No.475 of 2021 corresponding to G.R. Case No.1441 of 2021 pending in the Court of learned S.D.J.M., Khurda for alleged commission of offences under sections 419/420/467/468/471/34 of the Indian Penal Code. Perused the FIR.

Learned counsel for the petitioner submitted that the case arises out of a complaint petition, which was sent to the Inspector in-charge of Khurda police

// 2 // station under section 156(3) of Cr.P.C.

and accordingly, the P.S. case was registered. It is further submitted that the dispute between the parties is basically civil in nature and the offences are triable by Magistrate and therefore, the anticipatory bail application of the petitioner may be favourably considered.

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, the background of civil dispute between the parties and the fact that 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 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.

( S.K. Sahoo) Judge RKM