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Orissa High CourtABLAPL/1742/2022allowed

Arjun Palei @ Ajaya Palei v. State Of Odisha

2022-05-11Mr. Justice S.K.Sahoo2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.1742 of 2022

1. Arjun Palei @ Ajaya Palei

2. Sipun @ Jitendra Kumar Behera ....

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

Opp. Party Mr. A.K. Beura, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

11.05.2022 02.

This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

Heard the 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 Bhadrak Rural P.S. Case No.51 of 2022 corresponding to G.R. Case No. 251 of 2022 pending in the Court of learned S.D.J.M., Bhadrak for commission of alleged offences under sections 341/323/307/294/ 354/506/34 of the Indian Penal Code.

Perused the F.I.R. annexed to the anticipatory bail application.

Learned counsel for the State on instruction submitted that there are three injured persons in the case, namely, Akhuji Palei, Bidyadhar Palei and Dhaneswar Palei and so far as the first two injured persons are concerned, they have sustained simple

// 2 // injuries, but the injured Dhaneswar Palei has been referred to S.C.B. Medical College and Hospital, Cuttack and no medical document is available in the case diary. He placed the statement of the injured Dhaneswar Palei.

Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioners and the nature of injuries sustained by the injured, 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 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