← Library
Orissa High CourtABLAPL/16011/2021allowed

Raja @ Rashmi Ranjan Munda v. State Of Odisha

2022-01-12Mr. Justice S.K.Sahoo3 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.16011 of 2021 Raja @ Rashmi Ranjan Munda ....

Petitioner Mr. Kalinda Kumar Rout, 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 through Video Conferencing 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 Jagatpur P.S. Case No.499 of 2021 corresponding to G.R. Case No. 2840 of 2021 pending in the Court of learned J.M.F.C. (R), Cuttack for alleged commission of offences under sections 294/323/379/506/34 of the Indian Penal Code read with section 66(E) of I.T. Act.

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

Learned counsel for the petitioner submitted that the F.I.R. was lodged against some unknown persons and during course of investigation, two coaccused persons were taken into custody and basing on the confessional statement of the said co-accused persons before police, the petitioner has been arrayed as an accused in the case and the offences are triable by the Magistrate and therefore, the anticipatory bail application may be favourably considered.

Learned counsel for the State opposed the prayer for anticipatory bail.

Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioner and that the petitioner's implication in the case is based on the confessional statement of the co-accused persons before police and the fact that the offences are triable by Magistrate and on hearing the learned counsel for the State , 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

// 3 // 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 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. P ( S.K. Sahoo) Judge