Khageswar Barik Vs Union of India (Railway)

ABLAPL No.5270 1 of 2021

26.04.2021 The matter is taken up through video conferencing.

Heard Mr. P.R. Singh, learned counsel for the Petitioner and Mr. D. K. Sahoo, learned counsel appearing for Opposite Party - Railway.

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This is an application under Section 438 Cr.P.C. for grant of anticipatory bail to the Petitioner Khageswar Barik in connection with RPF Post Dhenkanal Case No.15 of 2021 corresponding to 2(C)CC Case No.6 of 2021 pending in the court of learned S.D.J.M., Dhenkanal for alleged commission of offences under Section 160(2) of the Railway Act, 1989.

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It is submitted by the learned counsel for the Petitioner that the Petitioner is the owner of the truck which allegedly caused the accident at the level crossing gate. He further submits that the Petitioner was not present at the spot at the time of accident.

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Mr. Sahoo, learned counsel appearing for Union of India (Railway) submits that due to accident caused by the truck, the railway communication was disrupted for around 5 hours.

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Considering the nature of allegations made and the role of the present Petitioner as the owner of the offending truck, it is directed that in the event of arrest of the Petitioner in connection with the aforesaid case, he be released on bail by the arresting officer on such terms and conditions as the arresting officer may deem just and proper.

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The ABLAPL is accordingly disposed of.

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2

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As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order available in the High Court’s website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide Court’s Notice No.4587, dated 25^th March, 2020 as modified by Court’s Notice No. 4798, dated 15^th April, 2021.

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………………………...

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B. P. Routray, J.

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mkp

Khageswar Barik v. Union of India (Railway)

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Khageswar Barik v. Union of India (Railway)

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