The Court granted anticipatory bail to the petitioner in a case under sections 457/380/411/34 IPC. The petitioner was released upon furnishing a bail bond of Rs.10,000 with one surety and abiding by standard conditions.
Petitioner released on bail with a bond of Rs. 10,000 and one surety for similar amount, subject to standard conditions.
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ABLAPL No. 3581 of 2020
Ajit Kumbhar ……. Petitioner -Vrs.State of Odisha ……. Opp. Party
This matter is taken up through video conferencing.
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 Dunguripali P.S. Case No. 105 of 2019 corresponding to G.R. Case No. 136 of 2019 pending in the Court of learned J.M.F.C., S. Rampur for alleged commission of offences under sections 457/380/411/34 of the Indian Penal Code.
Learned counsel for the petitioner submits that though the F.I.R. has been lodged against unknown persons but during course of investigation, the coaccused namely Ashok Bhoi, Raju Tiwari, Ranjit Gupta and Ajit Kumbhar have been granted bail and he files the bail order copy which is taken on record and he further submits that the petitioner’s implication in the case is based on confessional statement of the co-accused before police and the offences are triable by Magistrate.
Learned counsel for the State opposes the prayer for bail.
Considering the submission made by the learned counsel for the respective parties and release of the coaccused persons on bail 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 one surety 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 is granted on proper application.
S.K. Sahoo, J.
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1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner in connection with offences under sections 457/380/411/34 IPC.
2 provisions across 2 enactments
Ajit Kumbhar
State of Odisha
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
