Rajesh Kumar Mohapatra v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.1279 of 2022
1. Rajesh Kumar ....
Petitioners Mohapatra
2. Santosh Sitha
3. Pravakar Samantasinghar
4. Asish Kumar Sitha
5. Chittaranjan Samantasinghar @ Papuna
6. Ganeswar Palei
7. Nari Sahoo
8. Rudra Pratap Sahoo
9. Pabitra Routray
10. Biswa Pratap Sahoo
11. Amiya Kumar Baliarsingh Mr. N. Sahani, Advocate -versusState of Odisha ....
Opp. Party Mr. Arupananda Das Addl. Government Advocate
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.
// 2 // This is an application under section 438 of Cr.P.C. for grant of anticipatory bail to the petitioners in connection with Chandpur P.S. Case No.03 of 2022 corresponding to G.R. Case No.08 of 2022 pending before the learned J.M.F.C., Ranpur for commission of alleged offences under sections 143, 147, 294, 323, 427, 506, 431/149 of the Indian Penal Code.
Learned counsel for the petitioners submitted that the occurrence is an outcome of a road accident in which a person died and the allegation is that the petitioners along with some of the co-villagers blocked the road for some time and demanded compensation for the family members of the deceased and therefore, the anticipatory bail application may be favourably considered.
Learned counsel for the State opposed the prayer for anticipatory bail.
Considering the submissions made by the learned counsel for the respective parties, nature of accusation against the petitioners, the fact that the offences are triable by Magistrate 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
// 3 // 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 entail cancellation of bail.
The ABLAPL is accordingly disposed of.
Issue urgent certified copy as per Rules.
( S.K. Sahoo) Judge PKSahoo