The High Court of Orissa granted anticipatory bail to the petitioner in an application filed under section 438 Cr.P.C. in connection with an alleged offence under the Odisha Excise Act, 2008, directing bail amounts and sureties upon arrest.
Petitioner granted anticipatory bail on furnishing a bond of Rs. 10,000 with two sureties for the same amount.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.16234 of 2021
Jagajiban Ram
…. Petitioner
Mr. B.K. Mishra, Advocate
-versus-
State of Odisha
…. Opp. Party
Smt. Susamarani Sahoo, Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
ORDER 03.02.2022 This matter is taken up by video conferencing
Order No.
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 C.T. Case No.57 of 2021 arising out of Rasgovindpur P.S. Case No.258 of 2021 pending in the Court of learned J.M.F.C., Rasgovindpur for alleged commission of offence under section 52(a) of the Odisha Excise Act, 2008.
Perused the F.I.R.
Considering the submission made by the learned counsel for the State that there is no criminal antecedent against the petitioner and the submission of the learned counsel for the petitioner that the offence is triable by Magistrate, I am inclined to release the petitioner on
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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 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.
Parties may utilize the soft copy of this order available in the High Court’s website or print out thereof at par with certified copy in the manner prescribed vide Office Order dated 7th January 2022.
Judge
RKM
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1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail in the facts of the case.
2 provisions across 2 enactments
Jagajiban Ram
State of Odisha
S.K. SAHOO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
