Adirath Behera vs State Of Odisha

S. K. Sahoo, J

1.  This matter is taken up by video conferencing mode.

Heard learned counsel for the petitioner and learned counsel for the State.

This is an application under section 438 of Cr.P.C. for grant of anticipatory bail to the petitioner in connection with Talabania P.S. Case No.52 of 2021

corresponding to G.R. Case No. 1246 of 2021 pending in the Court of learned S.D.J.M., Puri for alleged commission of offences under sections 457/380 of the Indian

Penal Code.

Learned counsel for the petitioner submitted that the offences are triable by Magistrate and the petitioner has been falsely entangled in the case merely because he

purchased one mobile phone from one Raka Mallick and therefore, the anticipatory bail application of the petitioner may be favourably considered.

Learned counsel for the State opposed the prayer for anticipatory bail.

Perused the F.I.R. annexed to the anticipatory bail application.

Considering the submissions made by the learned counsel for the petitioner, the nature of accusation against the petitioner and since the offences are triable by

Magistrate, 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.20,000/- (Rupees twenty 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 any facts

to the Courts or to the investigating Officer. Violation of any of the conditions shall entail cancellation of bail.

The ABLAPL is accordingly disposed of.

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

25th March 2020 as modified by Court’s Notice No. 4798 dated 15th April 2021.