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Vikash Kumar v. State of Odisha

Orissa HC3 Jun 2020ABLAPL/2620/2020

Case brief

AI extract

What is this about?

This is an anticipatory bail application filed under section 438 CrPC for offences under section 379 IPC. The court, finding the offence triable by a Magistrate, granted bail subject to conditions of furnishing a bond and appearing for interrogation without interfering with the investigation.

What did the court decide?

Directs release on bail on furnishing bail bond of Rs.10,000 with one surety for the like amount, alongside conditions of interrogation availability and non-interference.

Vikash Kumar Vs State of Odisha — Property and Title | Orissa HC (2020)

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ABLAPL No. 2620 of 2020

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1. Vikash Kumar

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2. Ajit Kumar Rai �� Petitioners -Versus-

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State of Odisha �� Opp. Party

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03.06.2020

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The matter is taken up through Video Conferencing.

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Heard learned counsel for the petitioners and learned counsel for the State.

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This is an application under section 438 Cr.P.C. for grant of anticipatory bail to the petitioners in connection with Thelkoli P.S. Case No. 184 of 2019 corresponding to G.R. Case No. 4447 of 2019 pending in the Court of learned S.D.J.M., Sambalpur for alleged commission of offence under section 379 of the Indian Penal Code.

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Perused the F.I.R.

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Learned counsel for the petitioners submits that the F.I.R. was not lodged against the petitioners but on the basis of confessional statement of the co-accused before police, the petitioners have been arrayed as accused who after their arrest have been released on bail. In support of such, learned counsel for the petitioners files the copy of the bail order which is taken on record. He further submits that the offence is triable by Magistrate and therefore, the anticipatory bail application be favourably considered.

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Learned counsel for the State opposes the bail application.

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Considering the submission made by the learned counsel for the respective parties, the nature of accusation and since the offence is triable by Magistrate, I am inclined to release the petitioners on anticipatory bail and accordingly, this Court directs that in the event of arrest of the petitioners in connection with the aforesaid case, they shall be released on bail on furnishing bail bond of Rs.10,000/-(Rupees ten thousand) each with one surety for the like amount to the satisfaction of the arresting officer with further conditions that they shall make themselves available for interrogation by the I.O. as and when required and they 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.

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Violation of any of the above conditions shall entail cancellation of bail.

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The ABLAPL is accordingly disposed of.

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Urgent certified copy of this order is granted on proper application.

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S.K. Sahoo, J.

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Vikash Kumar v. State of Odisha

Case brief

What is this about?

What did the court decide?

Vikash Kumar v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

Parties & counsel

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