Suryakanta Mahanty v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.1484 of 2022

1. Suryakanta Mahanty

2. Sanjay Malik

3. Babaji Malik

4. Pravanjan Mahanty

5. Jatia Malik

6. Balaram Malik

7. Prahallad Malik

8. Bikram Malik

9. Naba @ Nabagahana Malik

10. Dija Malik

11. Ghanashyam Malik

12. Goutam Malik

13. Bikram Malik

14. Narendra Malik

15. Rabindra Malik

16. Binod Malik

17. Susanta Malik

18. Sudarshan Patra ....

Petitioners Mr. S.N. Mishra-4, Advocate -versusState of Odisha ....

Opp. Party Mr. J.P. Patra, 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

// 2 // 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 Kasia Marine P.S. Case No.15 of 2022 corresponding to G.R. Case No.112 of 2022 pending in the Court of learned J.M.F.C., Basudevpur for alleged commission of offences under sections 341/294/506/ 323/354/354-B/34 of the Indian Penal Code.

Perused the F.I.R.

Learned counsel for the petitioners submitted that due to political dispute between the parties on account of Grama Panchayat Election, the case has been foisted and the offences are triable by Magistrate and therefore, the anticipatory bail application of the petitioners 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, the nature of accusation against 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 one surety each for the like amount to the satisfaction of the arresting officer with

// 3 // 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 such facts to the Court or to the Investigating Officer and with further conditions that they shall not try to keep any contact with the victim and they shall cooperate with the investigation.

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

The ABLAPL is accordingly disposed of.

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

( S.K. Sahoo) Judge RKM