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Orissa High CourtABLAPL/16822/2021allowed

Sk. Akbar Alli v. State Of Odisha

2022-01-27Mr. Justice S.K.Sahoo3 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 16822 of 2021 Sk. Akbar Alli ....

Petitioner Mr.J.K. Khuntia, Advocate -versusState of Odisha ....

Opp. Party Mr. A.K. Beura 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 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 Baliapal P.S. Case No.234 of 2021 corresponding to C.T. Case No. 765 of 2021 pending in the Court of learned J.M.F.C., Basta for alleged commission of offence under sections 457/380 of the Indian Penal Code.

Perused the F.I.R. annexed to the anticipatory bail application.

// 2 // Considering the submission made by the learned counsel for the petitioner that the offences are triable by Magistrate and similarly situated co-accused persons have already been released on bail and the stolen articles have already been recovered and the nature of accusation against the petitioner may at best make out a case under section 411 of the Indian Penal Code which is not disputed by 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 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

// 3 // prescribed vide Office Order dated 7th January 2022. p ( S.K. Sahoo) Judge