Ramesh Chandra Sahoo vs Union of India(Railways)

S. K. Sahoo, J

This matter is taken up by video conferencing mode.

2. Heard learned counsel for the petitioner and Mr. Dhanoj Kumar Sahu, learned Standing Counsel for the Railways.

3. This is an application under section 438 of Cr.P.C. for grant of anticipatory bail to the petitioner in connection with RPF Post Bhadrak Case

No.15 of 2020 corresponding to 2(C) C.C. Case No.30 of 2020 pending in the Court of learned S.D.J.M., Bhadrak for alleged commission of offence

under section 3(a) of R.P. (U.P.) Act.

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

5. Considering the submissions made by the learned counsel for the petitioner that the petitioner is the driver of the offending vehicle, the offence is

triable by Magistrate, the nature of accusation, the nature of punishment prescribed for the offence and on hearing the learned Standing Counsel for

the Railways, who on instruction submitted that the petitioner has got no criminal antecedent, 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.20,000/-(Rupees twenty thousand) with two sureties each for the like amount to the satisfaction of the arresting officer with

further conditions that he shall make himself available for interrogation by the I.O. as and 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 disclosing any facts to the Courts or

to the investigating Officer. Violation of any of the conditions shall entail cancellation of bail.

6. The ABLAPL is accordingly disposed of.

7. As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order

available in the High Court’s website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide

Court’s Notice No. 4587 dated 25th March 2020 as modified by Court’s Notice No. 4798 dated 15th April 2021.

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