IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.5467 of 2024
Pravakar Pradhan …. Petitioner
Mr. Padmanava Jena, Advocate
-versus-
State of Odisha …. Opp. Party
Mr. Arupananda Das
Addl. Govt. Advocate
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No.
30.05.2024
01. This matter is taken up through Hybrid
arrangement (video conferencing/physical 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.320 of 2024 arising out
of Kandarpur P.S. Case No.49 of 2024 pending in the
Court of learned J.M.F.C.-II (Cog. Taking), Cuttack for
alleged commission of offences under sections
294/323/ 341/420/466/467/468/471/506 of the
Indian Penal Code.
Perused the F.I.R. annexed to the anticipatory
bail application.
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Learned counsel for the petitioner submitted
that the case arises out of a complaint petition which
was forwarded under section 156(3) of Cr.P.C. to
Kandarpur police station and accordingly, the case
was registered. Learned counsel further submitted
that the petitioner has also filed a complaint case
against the complainant/informant Manas Ranjan
Behera in the Court of learned J.M.F.C.-II (Cog.
Taking), Cuttack which was registered as 1 C.C. Case
No.42 of 2024. Learned counsel supplied the copy of
the complaint petition, which is taken on record.
Learned counsel further submitted that the nature of
dispute between the parties is civil in nature which
has been given a colour of criminal case and the
offences are triable by Magistrate and therefore, the
anticipatory bail application of the petitioner may be
favourbably 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 fact that
the offences are triable my 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
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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
such facts to the Court or to the Investigating Officer.
Violation of any of the above conditions shall
entail cancellation of bail.
The ABLAPL is accordingly disposed of.
Urgent certified copy of this order be granted on
proper application.
S.K. Sahoo, J.
(Vacation Judge)
sipun
Signature Not Verified
Digitally Signed
Signed by: SIPUN BEHERA
Designation: Senior Stenographer
Reason: Authentication
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 31-May-2024 11:13:56
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