Sunil @ Gadul Danasana v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.16806 of 2021 Sunil @ Gadul Danasana ....

Petitioner Mr. J. Sahu, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

27.01.2022 01.

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.466 of 2021 arising out of Bijepur P.S. Case No.169 of 2021 pending in the Court of learned J.M.F.C., Sohela for alleged commission of offence under section 394 of the Indian Penal Code.

Perused the F.I.R.

Learned counsel for the petitioner submitted that there was some outstanding dues against the

// 2 // petitioner for which the case has been foisted with exaggerated allegation and the offence is triable by Magistrate and therefore, the anticipatory bail application of the petitioner may be favourably considered.

Learned counsel for the State has produced the case diary and submitted that the informant Seshadeba Seth has sustained simple injury and the petitioner has got one criminal antecedent.

Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioner, the background of the case and since the offence is 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 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.

// 3 // 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. RKM ( S.K. Sahoo) Judge