Orissa High Court
Ankush Dansana vs State Of Odisha .... Opposite Party on 23 June, 2021
Author: S. K. Panigrahi
Bench: S. K. Panigrahi
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No. 6252 of 2021
Ankush Dansana .... Petitioner
Mr. Sarbeswar Sahoo, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. S. R. Sahoo, Additional Standing Counsel
CORAM:
JUSTICE S. K. PANIGRAHI
Order No. ORDER
23.06.2021
03. 1. This matter is taken up by video conferencing mode.
2. Heard, the learned counsel for the petitioner and learned counsel for the State.
3. The petitioner in this case apprehending his arrest in CT Case No. 330 of 2021 arising out of Bargarh Town PS Case No. 148 of 2021, pending in the court of learned S.D.J.M., Bargarh, registered for alleged commission of offences under Sections 341, 323, 294, 427, 34 of the IPC, has filed this petition for his release on anticipatory bail.
5. The factual matrix of the case as unfolded in the FIR is that on 29.03.2021 at about 7 P.M. while the informant was returning by his car along with his family members, the accused persons obstructed the road by parking scooty on the middle of the road. When the informant requested them to remove the scooty // 2 // from the road, they assaulted him abusing in filthy languages and tore his apparels.
6. Learned counsel for the petitioner submits that the allegations are omnibus in nature and on the basis of confessional statement of the other two accused persons while they have been arrested, the petitioner has been falsely entangled in this case.
7. However, considering the facts and submissions made, without expressing any opinion on the merit of the case, nature of allegations, circumstances in which the offences stated to have been committed, punishment prescribed on conviction of the offence alleged and it is also not disputed that the petitioner's release on anticipatory bail, shall not be hindrance to free and fair investigation, this Court is of the view that the petitioner has made out a case of his release on anticipatory bail, more particularly when he is ready and willing to co-operate with the investigation and he has no chance of absconding and/or tampering with the prosecution evidence, if released on anticipatory bail.
8. Hence, this Court directs that in the event of arrest, the petitioner be released on anticipatory bail by the Officer effecting arrest on some stringent terms and conditions as deemed just and proper including the condition that he shall co-operate with the investigation, appear before the Investigating Officer as and when required.
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8. However, the aforesaid order is subject to the condition that the petitioner shall co-operate with the investigation and no other graver offence is reported against the petitioner besides the aforesaid offences.
9. Violation of any of the conditions shall entail cancellation of the anticipatory bail of the petitioner.
10. Accordingly, the ABLAPL stands disposed of.
11. As the restrictions due to the COVID-19 situation are continuing, learned counsel for the petitioners may utilize a 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 Court's Notice No.4798, dated 15th April, 2021.
(S. K. Panigrahi) Judge Dutta Page 3 of 3