Single judge allowed an application under section 438 Cr.P.C. for anticipatory bail, directing release on furnishing a bail bond of Rs.10,000 with two sureties, subject to standard conditions.
Release of petitioner on anticipatory bail by furnishing a bail bond of Rs.10,000 with two sureties each.
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ABLAPL No. 6499 of 2020
Basanta Khora … PETITIONER
-VERSUS-
STATE OF ODISHA
... OPP.PARTY
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 Laxmipur P.S. Case No.31 of 2020 corresponding to G.R. Case No.105 of 2020 pending in the court of learned J.M.F.C., Laxmipur for alleged commission of offences under sections 147, 148, 323, 294, 506, 283, 149 and section 7 of the Crl. Law Amendment Act of the Indian Penal Code.
Perused the F.I.R. annexed to the anticipatory bail application.
Considering the submission made by the learned counsel for the petitioner that the offences are triable by Magistrate, the nature of punishment prescribed for the offences 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 above conditions shall entail cancellation of bail.
The ABLAPL is accordingly disposed of. Issue urgent certified copy as per Rules.
…………………..…… S.K. Sahoo, J.
PKSahoo
1 issue framed by the court
Whether an application under section 438 Cr.P.C. for grant of anticipatory bail in a case triable by Magistrate shall be allowed.
1 provisions across 1 enactments
Basanta Khora
STATE OF ODISHA
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
