Abinash Kar vs State Of Odisha & Ors

This matter is taken up by video conferencing mode.

Mr. K.A. Guru, learned Counsel for the petitioner and Mr. M.K. Mohanty, learned Additional Standing Counsel appearing for the State are present.

Judgment prepared in separate sheets is delivered and pronounced in open Court in ABLAPL No.6554 of 2021 in the presence of learned counsels

for the parties, and the order is passed accordingly as follows:-

The present petitioner has filed the instant Anticipatory bail application under Section 438 of Cr.P.C. corresponding to Burla P.S. Case No.251 of

2021 pending in the Court of the learned S.D.J.M, Sambalpur. The petitioner herein has been accused in connection with alleged commission of

offences punishable under Section 306 read with Section 34 of the I.P.C. Prior to the present Application, the petitioner approached the court of the

learned Sessions Judge, Sambalpur in ABLAPL No.80 of 2021, wherein vide order dated 24.05.2021, the learned Sessions Judge rejected the said

pre-arrest bail petition.

There is no specific allegation against the petitioner except his role as Assistant Director, Sports & Physical Education, Sambalpur University who

is a subordinate officer under the Vice-Chancellor and discharging his duties as per his instruction. Prima facie, there is no specific allegation against

the present petitioner which attracts Section 306 of the Indian Penal Code, though the same may get established after the complete probe and

thorough trial.

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Considering the facts and circumstances and the materials so far collected by the prosecuting agency, it appears that if the present petitioner is

enlarged on anticipatory bail at this stage, it will not affect the investigation adversely. The petitioner is an Assistant Director, Sports and Physical

Education of Sambalpur University throughout this period. No case has been made out warranting the petitioner's custodial interrogation and no

reasonable apprehension lies that if the petitioner is released on bail, he is likely to abscond, therefore this court allows his prayer for anticipatory bail.

In view of the order passed today in ABLAPL No.6554 of 2021 P(rof. Dr. Sanjiv Mittal Vs. State of Odisha and Ors.) the present pre-arrest

bail application is allowed in following terms:

In case the petitioner is arrested in connection with Burla P.S. Case No.251 of 2021, he shall be released on bail forthwith on his executing bond of

Rs.25,000/-(Rupees twenty-five thousand only) with two sureties each of the like amount to the satisfaction of the learned court in seisin over the

matter with further condition that the petitioner shall cooperate with the investigation and shall not influence, coerce or intimidate any witness.

It is made clear that the learned Court in SEISIN over the matter, shall decide the case on its own merits in accordance with law, uninfluenced by

the observations made in this order. As a sequitur, any pending applications are disposed of in light of the above.

As the restrictions due to the COVID-19 situation are continuing, learned counsel for the petitioner 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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