JYOTIRANJAN BEURA – Appellant
Versus
STATE OF ORISSA – Respondent
ABLAPL 2267/2016
ABLAPL No. 2267 of 2016
02. 04.04.2016 Heard learned counsel for the petitioner and learned c
ounsel for the State.
This is an application under section 438 Cr.P.C. for grant of anticipa
tory bail to the petitioner in connection with Lalbag P.S. Case No. 14 of 2016 corresponding t
o G.R. Case No. 186 of 2016 pending in the Court of learned S.D.J.M.(S), Cuttack for alleged c
ommission of offences under sections 294/506 of the Indian Penal Code.
Perused the FIR.
Learned counsel for the petitioner submits that the offences are triable by Ma
gistrate and the offence under section 506 of the Indian Penal Code is only non-bailable. He f
urther contends that there was marriage proposal between the petitioner and daughter of the in
formant which could not materialize for which the case has been foisted.
Learned counsel for the State opposes the prayer for bail.
Considering the submissions made by the respective parties, the nature
of accusation and the fact that the offences are triable by Magistrate and offence under sect
ion 506 of the Indian Penal Code is only non-bailable, I am inclined to release the petitioner
on anticipatory bail and accordingly this Court directs that in the event of arrest of the pe
titioner in connection with the aforesaid case, he shall be released on bail on furnishing bai
l bond of Rs.5,000/- (Rupees five thousand) with two sureties
each for the like amount to the satisfaction of the arresting officer with furt
her conditions that he shall make himself available for interrogation by the I.O. as an
d 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 disclo
sing any facts to the Courts or to the investigating Officer.
Violation of any of the above conditions shall entail cancellation of bail.
The ABLAPL is accordingly disposed of.
Urgent certified copy of this order is granted on proper application.
S.K. Sahoo, J.
skb
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