Preetam@ Pritam Mohapatra v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No. 16169 of 2021 Preetam @ Pritam Mohapatra Petitioner ....
Mr.P.R.Singh, Advocate -versusState of Odisha ....
Opp. Party Mr.D.K. Pani, Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO Order No.
ORDER
19.01.2022 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 Cr.P.C. for grant of anticipatory bail to the petitioner in connection with G.R. Case No.1369 of 2021 arising out of Dhenkanal Town P.S. Case No. 498 of 2021 pending in the Court of learned S.D.J.M., Dhenkanal for alleged commission of offences under sections 336/294/323 of the Indian Penal Code.
Perused the F.I.R.
// 2 // Learned counsel for the petitioner submitted that though initially the case was registered under bailable offences but subsequently turned to one under section 326 of the Indian Penal Code. It is further submitted that it is a case and counter case and the offences are triable by Magistrate and therefore, the bail application of the petitioner may be favourably considered.
Learned counsel for the State produced the case diary and on verification of the injury report submitted that the injured has sustained grievous injury on the eye.
Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioner, the background of the case and the fact that the offences are triable by Magistrate, 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 one surety 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
// 3 // 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