Bhagaban Sahu v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.15898 of 2021 Bhagaban Sahu ....

Petitioner Mr. S.K. Mahanty, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE S.K. SAHOO

ORDER

Order No.

12.01.2022 01.

1.

This matter is taken up by video conferencing mode.

2.

Heard learned counsel for the petitioner and learned counsel for the State.

3.

This is an application under section 438 of Cr.P.C. for grant of anticipatory bail to the petitioner in connection with Purusottampur P.S. Case No.587 of 2021 corresponding to G.R. Case No. 572 of 2021 pending in the Court of learned J.M.F.C., Purushottampur for alleged commission of offences under sections 457/436/380/447/506/294 of the Indian Penal Code.

4.

Perused the F.I.R. annexed to the anticipatory

// 2 // bail application.

5.

Learned counsel for the petitioner submits that the petitioner is the brother of the informant Karunakar Sahoo and there was civil dispute between the parties, for which the case has been foisted against the petitioner and it is a case and counter case and therefore, the anticipatory bail application of the petitioner may be favourably considered.

6.

Learned counsel for the State opposes the prayer for bail.

7.

Considering the submissions of learned counsel for the respective parties, nature of accusation against the petitioner, relationship between the parties, existence of civil dispute, 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 dissuade him from disclosing any facts to the Courts or to the investigating Officer. Violation of any of the

// 3 // conditions shall entail cancellation of bail. 8.

The ABLAPL is accordingly disposed of.

Parties may utilize the soft copy of this order available in the High Court's website or print out thereof at par with certified copy in the manner prescribed vide Office Order dated 7th January 2022.

P ( S.K. Sahoo) Judge