Sarat @ Sarat Chandra Biswal v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.1625 of 2022

1. Sarat @ Sarat Chandra Biswal

2. Sankar Behera

3. Chandramani Behera

4. Bhika @ Pramod Kumar Guru

5. Madan Bisoi

6. Nanda @ Sarbeswar Khetei

7. Subash Guru

8. Bana @ Bhaskar Bantha

9. Jaini Nayak @ Bidyadhar

10. Nanda Pradhan @ Bisu @ Basanta Kumar Pradhan

11. Harash Biswal

12. Bainshi @ Bainshidhar Biswal

13. Achuta Dalabehera ....

Petitioners Mr. P.K. Behera, Advocate -versusState of Odisha ....

Opp. Party Mr. Arupananda Das, Addl. Government Advocate

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

23.02.2022 01.

This matter is taken up through Hybrid arrangement (video conferencing/physical mode). Heard the learned counsel for the petitioners

// 2 // 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 G.R. Case No.180 of 2021 arising out of Sarankul P.S. Case No.102 of 2021 pending in the Court of learned J.M.F.C., Odagaon for alleged commission of offences under sections 457/380/34 of the Indian Penal Code.

Perused the first information report annexed to the anticipatory bail application.

Considering the submissions made by the learned counsel for the petitioners that due to village dispute between the parties, the case has been foisted and the offences are triable by Magistrate and there is inordinate delay in lodging the F.I.R. and release of co-accused persons on bail and after hearing the learned counsel for the State, 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 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

// 3 // 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.

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

( S.K. Sahoo) Judge RKM