Brahmananda Lenka vs State Of Odisha .... Opp. Party
2024 Latest Caselaw 10829 Ori

Orissa High Court

Brahmananda Lenka vs State Of Odisha .... Opp. Party on 28 June, 2024

Author: S.K. Sahoo

Bench: S.K. Sahoo

            IN THE HIGH COURT OF ORISSA AT CUTTACK

                           ABLAPL No.4927 of 2024

              Brahmananda Lenka                      ....     Petitioner

                                      Mr. D. K. Swain, Advocate

                                          -versus-

              State of Odisha                        ....    Opp. Party

                                      Mrs. Sushamarani Sahoo,
                                      Addl. Standing Counsel

                                       CORAM:
                                   JUSTICE S.K. SAHOO
                                       ORDER

Order No. 28.06.2024

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 Tigiria P.S. Case No.45 of 2019 corresponding to C.T. Case No.44 of 2019 pending before the learned J.M.F.C., Tigiria for commission of alleged offences under sections 364(A)/386/307/34 of the Indian Penal Code read with section 25 of Arms Act.

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

Learned counsel for the petitioner submitted that the petitioner earlier approached this Court for anticipatory bail in ABALPL No.13364 of 2019, which was disposed of as per order dated 26.09.2019 but the first information report has been lodged against one Bibhuti Behera only and the said accused after facing trial in the Court of Additional Sessions Judge, Athagarh in S.T. Case No.87 of 2019 has been acquitted as per the judgment and order dated 16.03.2020. Learned counsel for the petitioner has annexed the judgment as Annexure-3 to the anticipatory bail application. Learned counsel further submitted that in view of the nature of accusation against the petitioner, the anticipatory bail application of the petitioner may be favourably considered.

Learned counsel for the State opposed the prayer for bail.

Considering the submissions made by the learned counsel for the respective parties, the change in the circumstance after rejection of the earlier bail application of the petitioner and since the main accused has been acquitted, 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 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.

Violation of any of the above conditions shall entail

cancellation of bail.

The ABLAPL is accordingly disposed of. Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge

M.K.Rout