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Orissa High CourtABLAPL/16126/2021allowed

Hiradhar Kanda @ Hira Kanda v. State Of Odisha

2022-01-19Mr. Justice S.K.Sahoo3 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.16126 of 2021 Hiradhar Kanda @ Hira Kanda ....

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

Opp. Party Smt. Susamarani Sahoo, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

19.01.2022 01.

This matter is taken up by video conferencing 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 G.R. Case No.1074 of 2021 arising out of Lathor P.S. Case No.172 of 2021 pending in the Court of learned S.D.J.M., Patnagarh for alleged commission of offences under sections 370/374/420/34 of the Indian Penal Code read with section 25 of the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979.

// 2 // Perused the F.I.R.

Considering the submission made by the learned counsel for the petitioner that the petitioner was not present at the scene of occurrence when nine numbers of adult labourers were detained while they were taken to the State of Telengana for the purpose of utilizing them in labour work and one Jantilal Nag was present and he was taken into custody 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 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 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

// 3 // thereof at par with certified copy in the manner prescribed vide Office Order dated 7th January 2022. RKM ( S.K. Sahoo) Judge