Prahallad @ Pahala Majhi vs State Of Orissa

 S. K. Panigrahi, J

 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 earlier approached this court in  ABLAPL No. 5600 of 2021 and the same had been  disposed of on

29.04.2021.

 4. The petitioner in this case apprehending his arrest in  GR Case No. 961 of 2021 arising out of Barang PS Case  No. 93 of 2021, pending in

the court of learned JMFC  (R), Cuttack, registered for alleged commission of  offences under Sections 386 and 506/34 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  that during demarcation of the two plots of the  informant, the

petitioner and his two brothers made  hindrance to disturb the measurement of the plots. When the informant asked the petitioner them, the petitioner

and his two brothers stopped the construction work and demanded 2 lakh and threatened the informant.

Learned counsel for the petitioner submits that this case is an outcome of a civil dispute with regard to demarcation of boundary since the land of

the petitioner is adjacent to the land of the informant. The arrested other co-accused persons have been released by the court below.

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 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.

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.

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.

Violation of any of the conditions shall entail cancellation of the anticipatory bail of the petitioner.

Accordingly, the ABLAPL stands disposed of.

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.4587, dated 25th

March 2020.

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