In ABLAPL No.14631 of 2021, the High Court of Orissa considered an application for anticipatory bail. Relying on the amicable settlement between the parties and the injury being non-critical, the court granted bail subject to specific conditions.
Petitioner released on bail on furnishing bond of Rs.10,000 with two sureties of Rs.10,000 each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.14631 of 2021
Rujutahal @ Rajendra …. Petitioner Tahal
Mr.S. Behera, Advocate
-versus-
State of Odisha …. Opp. Party
Order No.
Mr. D.K. Pani,
Addl. Standing Counsel
Mr. J.K. Padhi, Advocate (for the
informant)
CORAM:
JUSTICE S.K. SAHOO
ORDER
27.04.2022
This matter is taken up through Hybrid
arrangement (video conferencing/physical mode).
Heard learned counsel for the petitioner and learned counsel for the State as well as learned counsel for the informant.
This is an application under section 438 Cr.P.C. for grant of anticipatory bail to the petitioner in connection with Chauliaganj P.S. Case no. 417 of 2021 corresponding to G.R. Case No.1467 of 2021 pending in the Court of learned J.M.F.C. (C), Cuttack for alleged commission of offences under sections 341/325/307/34 of the Indian Penal Code.
Learned counsel for the State as per the
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previous orders of this Court has obtained instruction from the Inspector in-charge of Chauliaganj police station that the affidavit filed by the informant Pankaj Kumar Jalli is a genuine one and there has been amicable settlement between them. The instruction is taken on record.
Learned counsel for the petitioner submits that the petitioner is the brother in-law of the injured and therefore, in view of the amicable settlement of the dispute between the parties, the anticipatory bail application may be favourably considered.
Learned counsel for the State submitted that the injured Pankaj Kumar Jalli has sustained one grievous injury near his ear.
Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioner, the relationship between the parties and the fact that the matter has been amicably settled between the parties, 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
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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. Issue urgent certified copy as per Rules.
PKSahoo
( S.K. Sahoo)
Judge
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1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner in an IOC case involving sections 341/325/307/34 IPC given the amicable settlement.
2 provisions across 2 enactments
Rujutahal @ Rajendra
State of Odisha
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
