Panchanan Bhoi v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.1231 of 2022

1. Panchanan Bhoi

2. Jagadish Bhoi ....

Petitioners Mr. J.N. Panda, Advocate -versusState of Odisha ....

Opp. Party Mrs. Susamarani Sahoo, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

08.02.2022 01.

This matter is taken up through Hybrid arrangement (video conferencing/physical 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 C.T. Case No.04 of 2022 arising out of M.Rampur P.S. Case No.01 of 2022 pending in the Court of learned J.M.F.C., M.Rampur for alleged commission of offences under sections 294/341/323/324/307/506/34 of the Indian Penal Code.

Perused the F.I.R.

In view of the specific overt act alleged

// 2 // against petitioner no.1 Panchanan Bhoi, I am not inclined to grant him on anticipatory bail.

Accordingly, his prayer for anticipatory bail stands rejected.

So far as petitioner no.2 Jagadish Bhoi is concerned, considering the submission made by the learned counsel for the petitioners that there is no specific overt act alleged against petitioner no.2 and on hearing the learned counsel for the State, I am inclined to release him on anticipatory bail.

Accordingly, this Court directs that in the event of arrest of petitioner no.2 Jagadish Bhoi in connection with the aforesaid case, he shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten 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 such facts to the Court or to the Investigating Officer.

Violation of any of the above conditions shall entail cancellation of bail.

So far as petitioner no.1 Panchanan Bhoi is concerned, it is observed that in the event he surrenders in the Court below and moves for bail

// 3 // before the learned Court below within a period of four weeks from today, the same shall be disposed of as expeditiously as possible by the Courts below in accordance with law. The case records shall be made available to the Court concerned.

The ABLAPL is accordingly disposed of.

Urgent certified copy of this order be granted on proper application.

RKM ( S.K. Sahoo) Judge