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Orissa High CourtABLAPL/16160/2021allowed

Arun Anka v. State Of Odisha

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

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 16160 of 2021 Arun Anka Petitioner ....

Mr.A. Mishra, Advocate -versusState of Odisha ....

Opp. Party Mr.A.K. Beura, 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.1069 of 2021 arising out of Jeypore Town P.S. Case No.312 of 2021 pending in the Court of learned S.D.J.M., Jeypore for alleged commission of offences under sections 435 and 436 of the Indian Penal Code.

Considering the submission made by the learned counsel for the petitioner that the F.I.R. was lodged against unknown person and though it is mentioned that prior to the occurrence, the petitioner along with some

// 2 // other co-accused persons threatened the informant with dire consequences but the ingredients of the offence under section 436 of the Indian Penal Code will not be attracted and in view of the nature of accusation and after 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 thereof at par with certified copy in the manner prescribed vide Office Order dated 7th January 2022.

( S.K. Sahoo) Judge p

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