Balaram Bagarty @ Dama Bagarty v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.16883 of 2021 Balaram Bagarty @ Dama Bagarty ....

Petitioner Mr. M.R. Patra, Advocate -versusState of Odisha ....

Opp. Party Mr. D.K. Pani, Addl. Standing Counsel

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.270 of 2021 arising out of Saintala P.S. Case No.278 of 2021 pending in the Court of learned J.M.F.C., Saintala for alleged commission of offences under sections 143/341/294/ 186/353/283/506/149 of the Indian Penal Code. Perused the F.I.R.

Learned counsel for the petitioner submitted that on account of road accident, two persons died

// 2 // and one person sustained injuries and there was blockage of road by the villagers for which the false case has been foisted. It is further submitted that there is no specific overt act against the petitioner and therefore, the anticipatory bail application of the petitioner may be favourably considered.

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

Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioner and the background of the case and the fact that 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 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

// 3 // 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