Basudev Ray v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.16467 of 2021 Basudev Ray ....

Petitioner Mr. A. Das, Advocate -versusState of Odisha ....

Opp. Party Mr. Arupananda Das, Addl. Government Advocate

CORAM:

JUSTICE S.K. SAHOO

ORDER

25.01.2022 01.

Order No.

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.275 of 2021 arising out of Raighar P.S. Case No.212 of 2021 pending in the Court of learned N.G.N. -cum- J.M.F.C., Raighar for alleged commission of offences under sections 341/323/354/ 509/506/34 of the Indian Penal Code read with sections 66 and 66(E) of the Information Technology Act, 2000.

Perused the F.I.R.

// 2 // Learned counsel for the petitioner submitted that the case was instituted against one Prasnajit Haldar and Rahul Bala by Kumari Chandan Karmakar and Prasnajit Haldar happened to be the brother-inlaw of the informant and he has already been taken into custody and released on bail and though the petitioner has not been named in the first information report but at a subsequent stage, he has been falsely entangled in the case and the offences are triable by Magistrate and therefore, the anticipatory bail application of the petitioner 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, the nature of accusation against the petitioner, release of coaccused on bail and since 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 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

// 3 // 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 RKM