Kedar Pradhan v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.16769 of 2021 Kedar Pradhan ....

Petitioner Mr.B.K. Mishra, Advocate -versusState of Odisha ....

Opp. Party Mrs. Susama Rani Sahoo Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

27.01.2022 01.

This matter is taken up through video conferencing mode.

Heard the learned counsel for the petitioner and learned counsel for the State.

This is an application under section 438 of Cr.P.C. for grant of anticipatory bail to the petitioner in connection with Angul O.R. No.5A of 2021-22 corresponding to 2(b) C.C. No. 23 of 2021 pending in the Court of learned S.D.J.M., Angul for the commission of the alleged offences punishable under section 21 of the O.T.T. Rule and section 14 of the Odisha Saw Mills and Saw Pit Control Act.

Learned counsel for the petitioner submitted that hand sawn teak and sal sizes of wood were seized

// 2 // from the possession of the co-accused Muna Singh, who was taken into custody and has been released on bail, the offence is triable by Magistrate and the petitioner's implication is based on the confessional statement of the co-accused before the police and therefore, the anticipatory bail application may be favourably considered.

Learned counsel for the State opposed the prayer for anticipatory bail.

Perused the documents such as seizure list as well as the statement of the co-accused Muna Singh annexed to the anticipatory bail application. Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioner, release of the coaccused on bail and the fact that the offence is triable by Magistrate 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

// 3 // 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 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