Raja Naik @ Raj Kishore Naik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.1883 of 2022

1. Raja Naik @ Raj Kishore Naik

2. Sushil Nayak @ Papun ....

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

Opp. Party Mr. D.K. Pani, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

08.03.2022 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 G.R. Case No.329 of 2022 arising out of Baselisahi P.S. Case No.28 of 2022 pending in the Court of learned S.D.J.M., Puri for alleged commission of offences under sections 341/294/323/307/34 of the Indian Penal Code. Perused the F.I.R.

In view of the specific over act alleged against petitioner no.2 Sushil Nayak @ Papun, I am not inclined to grant him anticipatory bail. Accordingly, his prayer for anticipatory bail stands rejected.

// 2 // So far as petitioner no.1 Raja Naik @ Raj Kishore Naik is concerned, considering the nature of accusation against him, I am inclined to release him on anticipatory bail. Accordingly, this Court directs that in the event of arrest of petitioner no.1 Raja Naik @ Raj Kishore Naik in connection with the aforesaid case, he shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties each for the like amount to the satisfaction of the arresting officer with further conditions that he shall make himself available for interrogation by the I.O. as and when required and he 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. Violation of any of the above conditions shall entail cancellation of bail.

So far as petitioner no.2 Sushil Nayak @ Papun is concerned, it is observed that in the event he surrenders in the Court below and moves for bail before the learned Court below within a period of four weeks from today, the same shall be disposed of as expeditiously as possible by the Courts below in accordance with law. The case records shall be made available to the Court concerned. The ABLAPL is accordingly disposed of.

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

( S.K. Sahoo) Judge RKM