Dipan Krushna Das v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 15983 of 2021

1. Dipan Krushna Das

2. Pranab Krushna Das ....

Petitioners Mr.R. Mohanty, Advocate -versusState of Odisha ....

Opp. Party Mr.A.K. Beura Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO

ORDER

Order No.

12.01.2022 01.

This matter is taken up by video conferencing mode.

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

This is an application under section of 438 of Cr.P.C. for grant of anticipatory bail to the petitioners in connection with Kendrapara Town P.S Case No. 192 of 2021 corresponding to G.R. Case No. 2392 of 2021 pending in the file of learned S.D.J.M., Kendrapara for alleged commission of offences under sections 341/323/294/387/379/34 of the Indian Penal Code.

// 2 // Perused the F.I.R. annexed to the anticipatory bail application.

Learned counsel for the State submitted that petitioner no.1 is having one criminal antecedent and that too under section 302 of the Indian Penal Code. In view of the nature and gravity of the accusation and the materials available on record against petitioner no.1, I am not inclined to release petitioner no.1 Dipan Krushna Das on anticipatory bail.

Accordingly, the bail application of petitioner no.1 stands rejected.

So far as petitioner no.2 Pranab Krushna Das is concerned, considering the submission made by the learned counsel for the petitioner that there was long standing dispute between the parties, for which the case has been foisted and the offences are triable by Magistrate and after hearing the learned counsel for the State who submitted that the injured has sustained simple injury, I am inclined to release the petitioner no.2 Pranab Krushna Das on anticipatory bail and accordingly, this Court directs that in the event of arrest of the petitioner no.2 in connection with the aforesaid case, he shall be released on bail on furnishing bail bond of Rs.20,000/-(Rupees twenty thousand) each 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

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

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. ( S.K. Sahoo) Judge P