Pravat Kumar Barik v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.512 of 2022
1. Pravat Kumar Barik
2. Bikash Barik
3. Rajesh Barik ....
Petitioners Mr.J.K.Khuntia, 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.
Heard learned counsel for the petitioners and 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 Baliapal P.S. Case No.07 of 2022 corresponding to C.T. Case No.16 of 2022 pending before the learned J.M.F.C., Basta for commission of alleged offences under sections 341, 323, 294, 307/34 of the Indian Penal Code.
Learned counsel for the petitioners submitted that the allegation of assault by means of knife to the
// 2 // informant is against the co-accused Kartik Chandra Barik and in view of the nature of accusation against the present petitioners, the prayer for anticipatory bail may be favourably considered.
Learned counsel for the State opposed the prayer for anticipatory bail and placed the injury report of the informant Rupes Kumar Jena, which indicates that he sustained stab injury on the right side of his abdomen, which has been opined to be simple in nature.
Considering the submissions made by the learned counsel for the respective parties, nature of accusation against the petitioners and since the main allegation of assault is against the co-accused, 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.
// 3 // 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