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[Cites 5, Cited by 1]

Orissa High Court

Prakash Kumar Gochhi vs State Of Odisha .... Opp. Party on 8 March, 2022

Author: S.K. Sahoo

Bench: S.K. Sahoo

            IN THE HIGH COURT OF ORISSA AT CUTTACK

                         ABLAPL No.1830 of 2022

              Prakash Kumar Gochhi                 ....      Petitioner

                                  Mr.R.C. Barik, Advocate

                                        -versus-

              State of Odisha                      ....      Opp. Party

                                  Mrs.Susamarani Sahoo,
                                  Addl. Standing Counsel

                                   CORAM:
                               JUSTICE S.K. SAHOO
                                    ORDER

Order No. 08.03.2022

01. This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

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 G.R. Case No.1587 of 2021 arising out of Jakhapura P.S. Case No.117 of 2021 pending in the Court of learned J.M.F.C., Jajpur Road for alleged commission of offences under sections 379/407/ 420/34 of the Indian Penal Code.

Perused the F.I.R.

Considering the submissions made by the learned counsel for the petitioner that the case arises out of a complaint petition and the petitioner has been // 2 // falsely entangled in the case merely because he is the driver of the offending vehicle and similarly situated co-accused, namely Abdul Golam Hussain Khan has already been released on anticipatory bail in ABLAPL No.1732 of 2022 as per order dated 03.03.2022, copy of which has been annexed to this application and the fact that the offences are triable by Magistrate 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 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 be granted on proper application.

( S.K. Sahoo) Judge P Page 2 of 2 // 3 // Page 3 of 2