Arjuna Tarai v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.510 of 2022
1. Arjuna Tarai
2. Nabaghan Tarai ....
Petitioners Mr.B.N. Mahapatra, Advocate -versusState of Odisha ....
Opp. Party Mr.J.P.Patra, Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO Order No.
ORDER
02.02.2022 01.
This matter is taken up through video conferencing mode.
Learned counsel for the petitioners learned counsel for the state.
This is an application under section 438 Cr.P.C. for grant of anticipatory bail to the petitioners in connection with Jajpur Road P.S. Case No. 533 of 2021 corresponding to C.T. Case No.1541 of 2021 pending in the Court of learned J.M.F.C., Jajpur Road for commission of alleged offences under sections 341, 307, 294/34 of the Indian Penal Code.
Learned counsel for the petitioners submitted that it is a case and counter case and due to political dispute between the parties, the case has been
// 2 // foisted and though specific overt-act of assault has been leveled against petitioner no.2, but the injuries sustained by the injured are simple in nature and therefore, the prayer for anticipatory bail may be favourably considered.
Learned counsel for the State has produced the case diary and placed the injured report of the injured- informant Sarat Tarai.
Considering the submissions made by the learned counsel for the respective parties, nature of accusation against the petitioners, the background of political dispute between the parties and since the injuries sustained by the injured are simple in nature, 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. as and when required and they 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 above conditions shall
// 3 // 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