Satish Senapati v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.16502 of 2021 Sri Satish Senapati ....

Petitioner Mr.P.K. Dash, Advocate -versusState of Odisha ....

Opp. Party Mr.J.P. Patra, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

25.01.2022 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 Barang P.S. Case No.138 of 2021 corresponding to G.R. Case No.1603 of 2021 pending in the court of learned J.M.F.C. (Rural), Cuttack for alleged commission of offences under sections 420, 468, 471 read with section 34 of the Indian Penal Code.

Learned counsel for the petitioner submitted that informant paid money to the co-accused Niranjan Senapati for purchasing a piece of land and sale deed

// 2 // was executed between the parties and one Geetanjali Acharya, who is also a witness approached this Court for grant of anticipatory bail in ABLAPL No. 16631 of 2021, which has been allowed vide order dated 24.01.2022 and since the offences are triable by Magistrate, the prayer for anticipatory bail may be favourably considered.

Learned counsel for the State opposed the prayer for bail and submitted that the petitioner is the son of the said co-accused Niranjan Senapati, who executed the sale deed and the petitioner is also a witness to the said sale deed.

Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioner, release of the coaccused on anticipatory bail and the fact that the petitioner has not received any money from the husband of the informant and 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

// 3 // 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 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