Raja @ Rajesh Patra v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.1388 of 2022

1. Raja @ Rajesh Patra

2. Rabindra Samal

3. Ramesh Parida

4. Butuna Sahoo ....

Petitioners Mr.B.N. Satpathy, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

22.02.2022 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 Abhayachandpur P.S. Case No. 36 of 2022 corresponding to G.R. Case No. 66 of 2022 pending in the Court of learned J.M.F.C.(P), Kujang for commission of alleged offences under sections 342, 294, 341, 323, 385, 387, 120-B/34 of the Indian Penal Code.

// 2 // Learned counsel for the petitioners submitted that the petitioners are the land losers and their lands were taken for the establishment of IOCL and though assurance was given to provide them job, but the same was not fulfilled, which created dissention among them. It is further submitted that the alleged occurrence took place on 24.01.2021 and the F.I.R. was lodged five days thereafter and since the offences are triable by Magistrate, the prayer for anticipatory bail may be favourably considered.

Learned counsel for the State on instruction submitted that there are no criminal antecedents against any of the petitioners.

Considering the submissions made by the learned counsel for the respective parties, the background of the case, the nature of accusation, absence of criminal antecedents against any of the petitioners and the fact that the offences are triable by Magistrate, 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

// 3 // 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