Gopinath Sahu v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.215 of 2022

1. Gopinath Sahu

2. Dibakar Nayak

3. Satyananda Pradhan ....

Petitioners Mr.B.S. Dasparida, Advocate -versusState of Odisha ....

Opp. Party Mr. Tapas Kumar Praharaj, Standing Counsel Mr. P.S. Nayak, Advocate (for the informant)

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

31.01.2022 01.

This matter is taken up through video conferencing mode.

Heard learned counsel for the petitioner and learned counsel for the State as well as learned counsel for the informant.

This is an application under section 438 Cr.P.C. for grant of anticipatory bail to the petitioners in connection with NALCO Township P.S. Case No.277 of 2021 corresponding to G.R. Case No.1872 of 2021 pending before the learned S.D.J.M., Angul for commission of alleged offences under sections 294, 341, 325, 307, 506/34 of the Indian Penal Code.

// 2 // Learned counsel for the petitioners submitted that the petitioners and the informant belong to the same locality and the informant though has sustained two injuries, but the same are found to be simple in nature and therefore, the prayer for anticipatory bail may be favourably considered.

Learned counsel for the State on verification of the case diary submitted that the injuries sustained by the informant are simple in nature, but the first injury is on the scalp and the petitioner no.1 has got one criminal antecedent, which is triable Magistrate. Considering the submissions made by the learned counsel for the respective parties, nature of accusation against the petitioners, since the injured has sustained simple injuries and taking into account the background of the case, I am inclined to release the petitioners on anticipatory bail and accordingly, this Court directs that in the event of arrest of the petitioners in connection with the aforesaid case, they shall be released on bail on furnishing bail bond of Rs.

10,000/-(rupees ten thousand) each with two sureties each for the like amount to the satisfaction of the arresting officer with further conditions that they shall make themselves available for interrogation by the I.O.

// 3 // dissuade him from disclosing 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.

Parties may utilize the 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 office order dated 7th January 2022. ( S.K. Sahoo) Judge PKSahoo