Biswanath Mallik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.16575 of 2021 Biswanath Mallik ....

Petitioner Mr. S.K. Joshi, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE S.K. SAHOO

ORDER

24.01.2022 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.637 of 2021 arising out of Kantabanji P.S. Case No.311 of 2021 pending in the Court of learned J.M.F.C., Kantabanji for alleged commission of offences under sections 420/370/374/34 of the Indian Penal Code read with section 25 of the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979.

Perused the F.I.R.

Considering the nature of accusation against the petitioner and further submission that on account of

// 2 // shortage of work in the locality, the labourers were voluntarily going to Hyderabad to work in brick kiln factory and they were given money in advance for the said work and there was no compulsion on them to leave the locality and on 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 RKM