Sunil Kumbhar v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.16888 of 2021 Sunil Kumbhar ....

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

Opp. Party Mr. J.P. Patra, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

27.01.2022 01.

This matter is taken up by video conferencing mode. Learned counsel for the petitioner submitted that in the body of the anticipatory bail application, the offence has been mentioned inadvertently, inter alia, to be under section 402 of the Indian Penal Code instead of section 420 of the Indian Penal Code.

In view of such submission, the offence 'under section 402 of the Indian Penal Code' be read as 'under section 420 of the Indian Penal Code'.

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 Belpada P.S. Case No.273 of 2021 corresponding to G.R. Case No. 1047 of 2021 pending in the Court of learned S.D.J.M., Patnagarh for alleged commission of

// 2 // offences under sections 370/374/420/34 of the Indian Penal Code and section 25 of the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Services) Act, 1979.

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

Considering the nature of accusation, nature of overt act alleged against the petitioner and the petitioner is a student and similarly situated co-accused Ajaya Kumar Khupla has been released on anticipatory bail by this Court in ABLAPL No.16010 of 2021 as per order dated 12.01.2022 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 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

// 3 // par with certified copy in the manner prescribed vide Office Order dated 7th January 2022.

RKM ( S.K. Sahoo) Judge