Rabindra Kumar Lenka v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.16452 of 2021 Rabindra Kumar Lenka ....
Petitioner Mr.Amitav Tripathy, Advocate -versusState of Odisha ....
Opp. Party Mr.D.K. Pani, Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO Order No.
ORDER
25.01.2022 01.
This matter is taken up through video conferencing.
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 Nayagarh P.S. Case No.233 of 2021 corresponding to G.R. Case No.697 of 2021 pending before the learned S.D.J.M., Nayagarh for commission of alleged offences under sections 420, 468, 471, 294, 506, 465/34 of the Indian Penal Code.
Learned counsel for the petitioner submitted that the case arises out of a complaint petition and the petitioner is the proprietor of Laxmi Motors and he
// 2 // was dealing with selling of tractor and the complainant had availed loan from L & T. Finance Service Ltd. and he could not repay the loan amount and when the finance company took steps for recovery of the loan amount, the complaint petition has been filed about two years after the alleged transaction. It is further submitted that the offences are triable by Magistrate and therefore, the prayer for anticipatory bail may be favourably considered. Learned counsel for the State opposed the prayer for bail.
Considering the submissions made by the learned counsel for the respective parties, nature of accusation against the petitioner 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 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 any facts to the Courts
// 3 // 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 PKSahoo