Bisweswar Tudu vs State Of Odisha

S.K. Sahoo, J

This matter is taken up through Hybrid Arrangement (Video Conferencing/Physical Mode).

Heard Mr. P.K. Parhi, learned counsel appearing for the petitioner and Mr. Arupananda Das, learned Addl. Government Advocate for the State.

Learned counsel for the petitioner submitted that the petitioner is a Member of Parliament from the Mayurbhanj Constituency and he is currently

serving as the Minister of State for Tribal Affairs and Jal Shakti of India. It is further submitted that the offences are triable by Magistrate and the

only non-bailable offence is under section 506 of the Indian Penal Code and there is no chance of absconding or tampering with the evidence and

therefore, the anticipatory bail application may be favourably considered.

Learned counsel for the State, on the other hand, submitted that as per the medical examination reports, the informant Aswani Kumar Mallik, Deputy

Director, Planning, Baripada, Mayurbhanj has sustained simple injury, whereas Sri Debasish Mohapatra, Asst. Director has sustained fracture injury

on the left hand middle finger. He further submitted that the interrogation of the petitioner is very much necessary to ascertain the correct state of

affairs.

Mr. Parhi, learned counsel for the petitioner submitted that the petitioner is ready and willing to appear before the Investigating Officer on any date to

be fixed by this Court after the ensuing Gram Panchayat Election and he shall fully co-operate with the interrogation.

In view of such submissions made by the respective parties, the petitioner is directed to appear before the Investigating Officer who is the IIC of

Baripada Town police station on 04.03.2022 at Baripada Town police station at 10 a.m. for interrogation. The petitioner shall fully co-operate with the

interrogation and he shall further appear before the Investigating Officer as and when required but to that effect a written notice in advance is to be

given by the Investigating Officer to the petitioner.

List this matter on 08.03.2022.

Learned counsel for the State is directed to apprise this Court on the next date as to whether the petitioner appeared before the I.O. on the date fixed

or not and whether he cooperated with the interrogation or not and what is the result of the interrogation?

Till the next date, the petitioner shall not be arrested in connection with Baripada Town P.S. Case No.50 of 2022 corresponding to C.T. Case No.117

of 2022 pending before the learned S.D.J.M., Baripada on the following further conditions:

(i) the petitioner 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 police or to the Court;

(ii) the petitioner shall not try to tamper with the evidence;

(iii) the petitioner shall not give any press interviews and shall not make any public comment in connection with this case to print and electronic media.

Violation of any of the conditions shall entail cancellation of interim bail order.

A free copy of this order be handed over to the learned counsel for the State for compliance.

Urgent certified copy of this order be granted on proper application.

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